Hrishikesan Namboothiripad vs Hrishikesan Namboothiripad
2021 Latest Caselaw 7790 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                         OP(C).No.1971 OF 2020


PETITIONERS/RESPONDENTS:

      1      HRISHIKESAN NAMBOOTHIRIPAD
             AGED 71 YEARS
             S/O. LATE N.M.KADAMBAN NAMBOOTHIRIPAD,
             NADUVATH MANA,
             PALAPPURA P.O.,
             PALAKKAD ,PIN-679 103

      2      VIVEK N.M.,
             S/O. HRISHIKESAN NAMBOOTHIRIPAD,
             NADUVATH MANA,
             PALAPPURA P.O.,
             PALAKKAD ,PIN-679 103

             BY ADVS.
             SRI.K.S.BHARATHAN
             SRI.ALPHIN ANTONY
             SRI.AADITHYAN S.MANNALI
             SRI.VISAKH ANTONY
             SRI.ABEL ANTONY
             SRI.CHRISTINE MATHEW

RESPONDENT/PETITIONER:

             PNY SABHA FINANCE LIMITED
             N.B.F.C REGISTERED UNDER
             RESERVE BANK OF INDIA),
             ANTHIKADU,
             TRICHUR,
             REPRESENTED BY ITS DIRECTOR,
             K.T NARAYANAN,PIN-680 641


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.1971 OF 2020

                                       2



                                 JUDGMENT

Dated this the 5th day of March 2021

The petitioners are the respondents in Ext.P1 Arbitration O.P.

No.16/2018. This O.P. is filed for issue of direction to furnish copy of

Arbitral award passed in Arbitration O.P No.16/2018.

2. I heard the learned counsel for the petitioner.

Referring to Ext.P4 letter addressed to him by the respondent, it is

contended that the award was already passed in O.P. Arbitration

No.16/2018. According to the learned counsel for the petitioner, as per

Section 31(5) of the Arbitration and Conciliation Act, 1996, it is the

duty of the Arbitrator to deliver signed copy of the award to the

parties enabling them to pursue appropriate reliefs under the Act.

3. After having heard the learned counsel for the

petitioner, I am of the view that, the request made in this O.P. is just

and reasonable.

In the result, O.P. is allowed calling upon the Arbitrator in

O.P No.16/2018 to deliver signed copy of the award to the petitioner

in accordance with law.

Sd/-

T.V.ANILKUMAR JUDGE

SMF OP(C).No.1971 OF 2020

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION FILED BY THE RESPONDENT HEREIN BEFORE THE HON'BLE ARBITRATOR, THRISSUR UNDER SECTION 23 OF THE ARBITRATION AND CONCILIATION ACT 1996 DATED 28.06.2018

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF DEFENCE FILED BY THE PETITIONERS DATED 03.12.2018 BEFORE THE HON'BLE ARBITRATOR, THRISSUR

EXHIBIT P3 TRUE COPY OF LETTER PREFERRED BEFORE THE HON'BLE ARBITRATOR, THRISSUR DATED 15.07.2019

EXHIBIT P4 TRUE COPY OF THE LETTER FROM RESPONDENT TO 1ST PETITIONER DATED 07.12.2020

//TRUE COPY// PA TO JUDGE