OP(C) NO. 788 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
OP(C) NO. 788 OF 2017
AGAINST THE EXECUTION PETITION DT. OCTOBER 2016 ON THE FILES
OF THE III ADDL. DISTRICT COURT, PALAKKAD IN AN ARBITRAL
AWARD DT.29.01.16 IN ARBITRATION CASE NO.339/2015 OF ARBITRAL
TRIBUNAL, PALAKKAD
PETITIONER/S:
1 BALASUBRAMANIAN
AGED 41 YEARS, S/O.KALIPPA CHETTIYAR, 9/380,
K.K.PATHY, MEETUKADAI, 5TH MILE, NALLEPPULLY
PANCHAYATH, PALAKKAD-678101.
2 SENTHIL KUMAR
AGED 29 YEARS, S/O.SHIVARAJ, 12/460(9/465),
KAYAPPAN CHALLA K.K.PATHY, 5TH MILE, NALLEPPULLY
PANCHAYATH, PALAKKAD-678101.
BY ADV SMT.M.P.SUNITHA BEEGUM
RESPONDENT/S:
1 M/S.SHRIRAM TRANSPORT FINANCE CO. LTD
BY GOVERNMENT PLEADER.
2 MJSSHRIRAM TRANSPORT FINANCE COMPANY LTD.
2ND FLOOR, SUNSHINE COMPLEX, T.B.ROAD, PALAKKAD,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND
LEGAL ASSISTANT, SRI.M.HARIDASAN, AGED 60 YEARS,
S/O.BALAKRISHNAN NAIR.
BY ADVS.
SRI.C.HARIKUMAR
SRI.RENJITH RAJAPPAN
SRI.P.S.SIDHARTHAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 788 OF 2017
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JUDGMENT
The original petition is filed to permit the 1 st petitioner to pay the decree debt to the respondent within a period of one year or in eight installments. This original petition was filed on 01.03.2017. It is more than 5 years, since it is pending consideration. Therefore, the original petition itself has become infructuous. In the said circumstances, the original petition is dismissed as infructuous, without prejudice to the right of the petitioners to challenge any subsequent orders passed in the execution proceedings.
Sd/-
C.S.DIAS, JUDGE rkc/17.06.22 OP(C) NO. 788 OF 2017 3 APPENDIX OF OP(C) 788/2017 PETITIONERS' EXHIBITS EXHIBIT P1- TRUE PHOTOCOPY OF THE STATEMENT SUMMARY OF LOAN VEHICLE NO.KL-35-1065 DATED 02/01/2017 SHOWING THE PAYMENT OF AMOUNT TOWARDS THE LOAN.
EXHIBIT P2- TRUE PHOTOCOPY OF THE PETITION DATED 22/09/2015 FILED THE ARBITRAL TRIBUNAL. EXHIBIT P3- TRUE PHOTOCOPY OF THE NOTICE DATED 26/09/2015 ISSUED BY THE ARBITRAL TRIBUNAL.
EXHIBIT P4- TRUE PHOTOCOPY OF THE ARBITRAL AWARD 29/01/2016 ISSUED BY THE ARBITRAL TRIBUNAL.
EXHIBIT P5- TRUE PHOTOCOPY OF THE EXECUTION PETITION DATED OCTOBER 2016 ON THE FILES OF THE III ADDITIONAL DISTRICT COURT.