Bitty Joseph vs Kitchen Appliances India Limited
2021 Latest Caselaw 2480 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                      OP(C).No.71 OF 2021

  EP 119/2014 IN ARBITRATION CASE NO.10/2006 OF DISTRICT COURT-
                          II,KOTTAYAM

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PETITIONER/JUDGMENT DEBTOR:

             BITTY JOSEPH
             AGED 56 YEARS
             S/O.THE LATE JOSEPH GEORGE, NERIAMPARAMBIL HOUSE,
             THURUTHY P.O., CHANGANASSERY, KOTTAYAM DISTRICT,
             PIN-686535.

             BY ADVS.
             SRI.C.S.MANU
             SRI.C.A.ANUPAMAN

RESPONDENT/DECREE HOLDER:

             KITCHEN APPLIANCES INDIA LIMITED
             C-6, ASHOK STEEL COMPOUND, 159, CST ROAD,
             SANTACRUZ (EAST), MUMBAI, PIN-400054.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
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                    O. P. (C) No.71 of 2021
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            Dated this the 21st day of January, 2021

                            JUDGMENT

The petitioner seeks for a direction to the I-

Additional District Court, Kottayam, to adjudicate on the objections filed by him in EP 119/2014

pending on its files and to keep in abeyance the

execution proceedings till such adjudication. In

the objections, the petitioner has challenged the

executability of the award.

2. The report called for through the Registry

indicates that the petitioner had filed EA 113/2019

and EA 504/2019 challenging the executability of

the award and on the ground of pendency of

insolvency proceedings. The applications were

dismissed. The said facts have not been disclosed

by the petitioner, in this original petition. In

the circumstances, I decline to entertain this

original petition.

O. P. (C) No.71 of 2021

The original petition is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge OP(C).No.71 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD IN ARBITRATION CASE NO.10 OF 2006 PASSED BY THE ARBITRATOR.

EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION NO.119 OF 2014 FILE DBY THE RESPONDENT BEFORE THE 1ST ADDITIONAL DISTRICT COURT, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE OBJECTION TO EXT.P2 FILED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF ADDITIONAL OBJECTION TO E.P.NO.119 OF 2014 FILED BEFORE THE HON'BLE 1ST ADDITIONAL DISTRICT COURT, KOTTAYAM.

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