Philip M Joy vs Hinduja Leyland Finance Limited
2023 Latest Caselaw 8719 Ker

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OP(C) No.585 of 2023


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
  WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                           OP(C) NO. 585 OF 2023
      CMA(Arb) 650/2022 OF THE COMMERCIAL COURT, ERNAKULAM
PETITIONER/S:

             PHILIP M JOY
             AGED 49 YEARS
             SON OF JOY ITTOOP, MANDHIRATHIL, KARIMACHERRIL,
             KUMARAKOM P.O., KOTTAYAM DISTRICT, PIN - 686563

             BY ADVS.
             P.M.ZIRAJ
             IRFAN ZIRAJ


RESPONDENT/S:

             HINDUJA LEYLAND FINANCE LIMITED
             HAVING ITS STATE HEAD OFFICE AT 2ND FLOOR, KARIM'S
             BUILDING, WARRIYAM ROAD, ERNAKULAM REPRESENTED BY
             ITS LEGAL MANAGER(SENIOR EXECUTIVE) AND POWER OF
             ATTORNEY HOLDER VINEESH K, AGED 34 YEARS, SON OF
             VIJAYAN K, KUTTIYIL HOUSE, PARAKKADAVU, MOONNIYUR,
             MALAPPURAM, PIN - 682016

             BY ADV SUSANTH SHAJI



      THIS     OP      (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No.585 of 2023


                         C.S DIAS,J.
                      ---------------------------
                   OP(C) No.585 of 2023
                     -----------------------------
            Dated this the 9th day of August, 2023 .

                        JUDGMENT

The original petition is filed, inter alia, to direct the

Commercial Court, Ernakulam, to close the proceedings

initiated against the petitioner by the respondent in

CMA (Arb) No.650/2022 and release the vehicle to the

petitioner.

2. Heard; Sri.P.M Ziraj, the learned counsel

appearing for the petitioner and Sri.Susanth Shaji, the

learned counsel appearing for the respondent.

3. Sri.Susanth Shaji, on instructions, submitted

that subsequent to the filing of the original petition, the

OP(C) No.585 of 2023

Commercial Court has already allowed CMA (Arb)

No.650/2022 on 29.5.2023.

4. In the light of the above submission, I hold

that the original petition has become infructuous.

Resultantly, the original petition is dismissed as

infructuous.

SD/-

sks/9.8.2023 C.S.DIAS, JUDGE

OP(C) No.585 of 2023

APPENDIX OF OP(C) 585/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE I.A.NO.1 OF 2022 IN CMA NO.650 OF 2022 ON THE FILE OF 3RD ADDITIONAL SUB COURT(COMMERCIAL COURT) ERNAKULAM

Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE ADVOCATE COMMISSIONER, ASWATHY SUNILKUMAR DATED 21.12.2022 TO THE PETITIONER