Kamalasanagiri C.D vs Tata Capital Financial Services ...
2021 Latest Caselaw 22018 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       OP(C) NO. 1990 OF 2021
  AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN CMA(Arb) 14/2021 OF
   PRINCIPAL SUB COURT / COMMERCIAL COURT, ALAPPUZHA, ALAPPUZHA
PETITIONER:

          KAMALASANAGIRI C.D.
          AGED 55 YEARS
          S/O. DIVAKARAN, CHERUKATHARA HOUSE,
          KOKKOTHAMANGALAM VILLAGE, MARUTHORVATTOM P.O,
          CHERTHALA, ALAPPUZHA - 688539.

          BY ADV ARAVIND GHOSH



RESPONDENT:

          TATA CAPITAL FINANCIAL SERVICES LTD.
          CENTENNIAL SQUARES, 1ST FLOOR, NO. 6A,
          DR. AMBEDKAR SALAI, KODAMBAKKAM, CHENNAI - 600024,
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/AUTHORISED
          SIGNATORY.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1990 OF 2021
                                  2

                             JUDGMENT

Proceedings in I.A. No.1 of 2021 in C.M.A.(Arb) No.14/2021

on the file of the Principal Sub Judge (Commercial Court),

Alappuzha is under challenge in this original petition. The

petitioner is aggrieved in the matter of possession of vehicle bearing

No.KL 64 F 6484 by executing interim award of the Arbitrator

passed under Section 17 of the Arbitration and Conciliation Act.

The learned counsel for the petitioner would urge that Ext.P4 order

dated 09.04.2021 (IA No.1 of 2021) to be set aside and the

petitioner may be allowed to repossess the vehicle. Though the

learned counsel for the petitioner argued for the said relief, it

appears that the vehicle was taken into the possession in view of the

interim award passed by the Arbitrator. Admittedly, no challenge is

raised insofar as the order of attachment made by the Arbitrator.

Therefore the relief sought for in this petition cannot be granted. As

such notice to other side is dispensed with.

The relief sought for herein cannot be allowed and since for OP(C) NO. 1990 OF 2021

that reason the OP is liable to be dismissed. However, I make it

clear that the petitioner can very well approach the Commercial

Court with the prayer to get back the vehicle on custody by

executing a kychit after paying the due amount or some amount due

to the company after serving notice to the respondent herein through

its counsel. If such an application is moved, the Commercial Court

is directed to consider the same and pass orders thereon, after

hearing the Tata Capital Financial Services Limited and the original

petitioner and an order shall be passed purely on merits.

Sd/-

A. BADHARUDEEN JUDGE scs OP(C) NO. 1990 OF 2021

APPENDIX OF OP(C) 1990/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF RC BOOK OF THE VEHICLE BEARING REG.NO. KL-64-F-6484 OWNED BY THE PETITIONER SHOWING THE HYPOTHECATION WITH FEDERAL BANK, MELOOR BRANCH.

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER KIZHAKKE CHALAKKUDY DATED 18.12.2020.

EXHIBIT P3 THE TRUE COPY OF RC BOOK OF THE VEHICLE BEARING REG NO.KL-64 F-6484 SHOWING THE HYPOTHECATION OF TATA CAPITAL FINANCIAL SERVICES LIMITED

EXHIBIT P4 THE TRUE COPY OF ORDER ISSUED TO THE ADVOCATE COMMISSIONER BY THE PRINCIPAL SUB COURT, ALAPPUZHA

EXHIBIT P5 THE TRUE COPY OF PETITION FILED BEFORE THE COMMERCIAL COURT, ALAPPUZHA UNDER SECTION 17(2) OF THE ARBITRATION AND CONCILIATION ACT 1996 AS AMENDED BY THE ARBITRATION AND CONCILIATION AMENDMENT ACT 2015

EXHIBIT P6 THE POWER OF ATTORNEY PRODUCED BY MR.ANIL VIJAYAN BEFORE THE COMMERCIAL COURT ALONG WITH THE EXT.P5 PETITION

EXHIBIT P7 TRUE COPY OF THE ORDER PASSED BY THE ARBITRATOR IN PROCEEDINGS NO.C.P(TCL-VL) NO.10 OF 2021 DATED 24.02.2021

EXHIBIT P8 THE TRUE COPY OF THE KAICHIET PRODUCED ALONG WITH THE COMMISSION REPORT WHICH IS PREPARED AND SIGNED BY ONE MR.LIJO GEORGE, CLUSTER COLLECTION MANGER OF RESPONDENT COMPANY

EXHIBIT P9 THE TRUE COPY OF THE AADHAR CARD ISSUED OP(C) NO. 1990 OF 2021

BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA

EXHIBIT P10 THE TRUE COPY OF THE COMMISSION REPORT DATED 04.08.2021 SUBMITTED BEFORE THE COMMERCIAL COURT, ALAPPUZHA

EXHIBIT P11 THE TRUE COPY OF THE LIST OF INVENTORY PRODUCED ALONG WITH THE COMMISSION REPORT CMA(ARB)NO.14/2021

EXHIBIT P12 THE TRUE COPY OF THE OUT PATIENT CARD NO.C1206/21 DATED 21.06.2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE, KOZHIKODE.