Suma Kumari. R vs Kotak Mahindra Prime Limited
2021 Latest Caselaw 17903 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                           OP(C) NO. 1326 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP(ARB) 71/2021 OF II ADDITIONAL DISTRICT &
                          SESSIONS COURT,ERNAKULAM
PETITIONERS:

     1        SUMA KUMARI. R
              AGED 62 YEARS
              W/O JAYAKUMAR,
              1/112, KALABHAM, MANNADIVEEDU,THIRUPURAM P.O,
              THIRUVANANTHAPURAM DISTRICT-695533.

     2        JAYAKUMAR C.S.
              KUMAR BHAVAN,
              PALUKAL P.O, NAGARCOIL,
              KANAYAKUMAR DISTRICT-695502.

              BY ADV M.R.SARIN PANICKER


RESPONDENT:

              KOTAK MAHINDRA PRIME LIMITED
              4TH FLOOR, THADIKKARAN CENTRE, PALARIVATTOM, COCHIN-682025,
              REPRESENTED BY AUTHORIZED SIGNATORY ANTONY.P.J.


              BY ADV B.S.SURESHKUMAR

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1326 OF 2021
                                    2




                              JUDGMENT

Dated this the 01st day of September, 2021

The petitioners have filed O.P. (Arb) No. 71/2021

before the Additional District and Sessions Court-II,

Ernakulam and seek expeditious disposal of the Original

Petition.

2. In the report call for by this Court, the learned

Additional District and Sessions Judge has stated that

the interlocutory application for condonation of delay

(I.A.No.1/2021) filed along with the Original Petition can

be disposed of before 15.09.2021, if the petitioners and

the respondent co-operate with the court.

3. The learned Counsel for the respondent

submits that the O.P. (Arb) is not maintainable, since the

disputed value is above Rs.3,00,000/- (Rupees three

lakh only). These are matters which ought to be

agitated in the court below. In any event, the court is

bound to pass orders on the application for condonation

of delay expeditiously.

OP(C) NO. 1326 OF 2021

In the result the Original Petition is disposed of

directing the Additional District and Sessions Judge-II,

Ernakulam to pass orders on I.A. No.1 /2021 on or before

15.09.2021, after affording an opportunity of hearing to

the parties.

Sd/-

V.G.ARUN

JUDGE NB/1-9 OP(C) NO. 1326 OF 2021

APPENDIX OF OP(C) 1326/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ARB NO.3080/2020 FILED BY THE RESPONDENT HEREIN BEFORE THE SHAIJ RAJ.T.K. SOLE ARBITRATOR.

EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE ARBITRATOR IN IA NO.2918/2020 ARBITRATION REFERENCE NO.3080/2020 DATED 25.11.2020.

EXHIBIT P3 TRUE COPY OF THE OP ARB NO.71/2021 PENDING BEFORE THE ADDL DISTRICT AND SESSIONS COURT- ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS BEFORE ADDITIONAL DISTRICT AND SESSIONS COURT II, ERNAKULAM.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge