Neena vs Manappuram Assets Finance

Citation : 2022 Latest Caselaw 8651 Ker
Judgement Date : 6 July, 2022

Kerala High Court
Neena vs Manappuram Assets Finance on 6 July, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         WEDNESDAY, THE 6th DAY OF JULY 2022 / 15TH ASHADHA, 1944
                        ARB.A NO. 103 OF 2014 (C)
  AGAINST THE ORDER DATED 29.09.2014 IN AOP No.127/2013 OF DISTRICT
                              COURT, THRISSUR
APPELLANT/2nd RESPONDENT:

             NEENA, W/o SHAIJU, 392, CHETHIKKATTIL HOUSE,
             NEAR KURISSUPALLY, MULLASSERY P.O.,
             THRISSUR DISTRICT-680509.

             BY ADVS. SRI.P.SANTHOSH (PODUVAL)
                      SMT.R.RAJITHA
                      SRI.K.D.SREEVISAKH


RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 3:

     1       MANAPPURAM ASSET FINANCE LTD., REGD.OFFICE AT DOOR
             NO.111/05, OPP.NATTIKA FIRKA CO-OPERATIVE RURAL BANK,
             VALAPPAD P.O., THRISSUR-680567, REP.BY FIELD OFFICER,
             ANIL KUMAR P.R., S/o RAMAN, PAMPUMKKATTIL HOUSE,
             VIYYUR P.O., THRISSUR-680010.

     2       SHAIJU.C.R., S/o RAMAN, 392,              (DELETED)
             CHETHIKKATTIL HOUSE, NEAR KURISSUPALLY, MULLASSERY P.O.,
             THRISSUR DISTRICT-680509.

             (THE SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT
             THE RISK OF THE APPELLANT AS PER ORDER DATED 10.03.2015
             IN ARB.APPEAL 103/2014)

     3       SHIJEESH, S/o KARAPPAN, THERVEETTIL HOUSE,
             NR.CHENGALI KORALI TEMPLE, MULLASSERY P.O.,
             THRISSUR-680509.

             R1 BY ADV SRI.C.K.SREEJITH


     THIS    ARBITRATION    APPEALS   HAVING    COME   UP   FOR   HEARING   ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Arb. Appeal No.103 o f 2014             2




                                     JUDGMENT

This appeal is against the order of attachment passed under Section 9 of the Arbitration and Conciliation Act, 1996, on the ground that without a valid ground, an order of attachment was passed. But it is now fairly submitted by the learned counsel for the appellant that arbitration proceedings are initiated. Hence, there is no merit for the said appeal. Appeal will stand dismissed.

Sd/-

P.SOMARAJAN JUDGE DMR/-