Nisar V. S vs Kotak Mahindra Prime Limited
2021 Latest Caselaw 18901 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                           OP(C) NO. 351 OF 2021
         AGAINST THE ORDER IN CMA(Arb) 804/2020 OF PRINCIPAL SUB
                       COURT,ERNAKULAM, ERNAKULAM
PETITIONER/S/RESPONDENT:

     1       NIZAR V. S,
             AGED 50 YEARS, SYDE MUHAMMED VP,
             VELLUPARAMBIL HOUSE, C/O. KASSIM, KARIKODE, IDUKKI, PIN
             685 584

     2       SOPHY NIZAR,
             AGED 45 YEARS, W/O. NIZAR V.S, VELLUPARAMBIL HOUSE,
             THODUPUZHA P.O, IDUKKI PIN 685 584

             BY ADV V.VISAL AJAYAN



RESPONDENT/S/PETITIONER:

             KOTAK MAHINDRA PRIME LIMITED,
             HAVING ADMINISTRATIVE OFFICE AT 4TH FLOOR, THADIKKARAN
             CENTER PALARIVATTOM, COCHIN 682 025
             REPRESENTED BY AUTHORISED SIGNATOR BY ANTONY K J AGED 31
             YEARS.

             BY ADV SRI.B.S.SURESH KUMAR




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 351 OF 2021
                                2



                          JUDGMENT

The challenge in this original petition is against the

order passed in I.A.No.3 of 2020 in CMA (Arb) No. 804 of

2020, whereby the Sub Court, Ernakulam had ordered

repossession of the petitioner's vehicle.

2. The learned Counsel for the respondents submit

that pending this original petition, final order in CMA (Arb)

No.804 of 2020 was passed on 14.03.2021. Hence, nothing

survives for consideration in this original petition.

Accordingly, the original petition is dismissed, reserving

the petitioner's liberty to challenge the final order in the

CMA (Arb) No.804 of 2020.

Sd/-

V.G.ARUN JUDGE RK OP(C) NO. 351 OF 2021

APPENDIX OF OP(C) 351/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ARBITRATION PETITION ARB NO 2619/2020 DATED 30-10-2020

EXHIBIT P2 TRUE COPY OF THE ORDER IN IA NO.

2451/2020 ARB NO. 2619/2020 DATED 30-10-

EXHIBIT P3 TRUE COPY OF THE ORDER OF HON'BLE SUB COURT ERNAKULAM IN IA NO. 3/2020 IN CMA (ARB) NO. 804/2020 DATED 9-12-2020

EXHIBIT P4 TRUE COPY OF THE PASS BOOK ISSUED BY THE DISTRICT SOCIAL JUSTICE OFFICER, IDUKKI THODUPUZHA DATED 22-01-2016 IN FAVOUR OF THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER SRI JERIE RAMESH IN IA NO. 3/2020 IN CMA (ARB) NO. 804/2020 DATED 15-1-2021