Susamma Abraham vs Kotak Mahindra Prime Ltd
2021 Latest Caselaw 23040 Ker

OP(C) No.2185/2021                                  1/2

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                PRESENT
                                THE HONOURABLE MR.JUSTICE V.G.ARUN

                     Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943

                                          OP(C) NO. 2185 OF 2021


             CMA(Arb) 62/2021 OF PRINCIPAL SUB COURT / COMMERCIAL COURT, KOLLAM.

   PETITIONER/ 1st respondent:

          SUSAMMA ABRAHAM, AGED 71 YEARS, RESIDING AT 375 CHAPPARATH VEEDU-13,
          CHANDANAKAVU, KULATHUPUZHA, KOLLAM-691310.

   RESPONDENT/ CLAIM PETITIONER/ RESPONDENT NO. 2:

      1. KOTAK MAHINDRA PRIME LTD., HAVING ITS REGISTERED OFFICE AT 27- BKC, C-27, G-
          BLOCK, BANDRA MUMBAI-400 051, HAVING ITS BRANCH OFFICE AT AGC COMPLEX,
          BEACH ROAD, KOLLAM, REPRESENTED BY ITS DEPUTY MANAGER & AUTHORISED
          SIGNATORY, SANTHOSH C.
      2. SHAJI RAJ T K, SOLE ARBITRATOR, ARB NO.3447/2021 WITH OFFICE AT NANDANAM,
          378/30195, PONOTH ROAD, ERNAKULAM, PIN-682 017.


      3. ABRAHAM MATHEW, AGED 75 YEARS, RESIDING AT 375 CHAPPARATH VEEDU-13,
          CHANDANAKAVU, KULATHUPUZHA, KOLLAM-691 310.


          OP (Civil) praying inter alia that in the circumstances stated in the affidavit filed along
   with the OP(C) the High Court be pleased to direct the First Respondent not to sell, encumber
   or otherwise dispose of the vehicle vide model No. 07MAW1-HYP-MA-WAGON R VXI bearing
   registration No. KL 25 K 2588, which was taken possession of the petitioner as per Annexure
   A1 order passed by the second respondent, pending disposal of this original petitiion.


          This petition coming on for admission upon perusing the petition and the affidavit filed
   in support of OP(C) and upon hearing the arguments of M/s JOHNSON GOMEZ, S.BIJU, SANJAY
   JOHNSON, JOHN GOMEZ, SREEDEVI S, SANJITH JOHNSON, DINOOP P.D & MOHAMED
   SHEHARAN, Advocates for the petitioner, the court passed the following:

                                                ORDER

Admit.Issue notice by speed post.

As per the judgment in OP(C) No. 472/2021, this court has held that the award of the Arbitrator / Arbitral Tribunal cannot be executed through the Commercial court. In such circumstances, there shall be an interim stay against sale of the petitioner's vehicle bearing registration No. KL 25 K 2588 for one month.

Post after service of notice.

Sd/- V.G.ARUN, JUDGE

23-11-2021 /True Copy/ Assistant Registrar OP(C) No.2185/2021 2/2