Koshy Valiyapadeettathil Chona ... vs Muthoot Vehicle And Asset Finance ...
2023 Latest Caselaw 7839 Ker

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OP(C) No.1828 of 2021


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                        THE HONOURABLE MR.JUSTICE C.S.DIAS

          WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945

                             OP(C) NO. 1828 OF 2021

     EP NO.159/2019 IN AR 759/2018 OF THE ADDITIONAL DISTRICT COURT-

                                  I,MAVELIKKARA

PETITIONER/S:

      1        KOSHY VALIYAPADEETTATHIL CHONA JOHN,AGED 81 YEARS,S/O. CHONA
               JOHN, VALIYAPADEETTATHIL HOUSE, KALLIMEL, KALLIMEL P.O,
               ALAPPUZHA 690 509

      2        SARAMMA KOSHY,AGED 74 YEARS,W/O. KOSHY VALIYAPADEETTATHIL
               CHONA JOHN, VALIYAPADEETTATHIL HOUSE, KALLIMEL, KALLIMEL
               P.O, ALAPPUZHA 690 509

               BY ADVS.
               ASWIN GOPAKUMAR
               ANWIN GOPAKUMAR
               P.T.HAKIM
               KANDAMPULLY VIKRAM
               NIRANJAN SUDHIR
               NIKITHA SUSAN PAULSON
               AKHIL BINOY

RESPONDENT/S:

               MUTHOOT VEHICLE AND ASSET FINANCE LIMITED
               MUTHOOT CHAMBERS, KURIAN TOWERS, BANERJI ROAD, ERNAKULAM,
               KOCHI 18, NOW AT 6TH FLOOR, MIDHUN TOWER, K.P VALLON ROAD,
               KADAVANTHARA, ERNAKULAM 682 020 REPRESENTED BY ITS ASST.
               LEGAL OFFICER/POWER OF ATTORNEY HOLDER MR. RENEESH K.P,
               KOLLAMTHADATHIL HOUSE, KUIAYATTIKARA P.O, ERNAKULAM 682 315

               BY ADVS.
               Sabu S. (Kallaramoola) .
               REJI RAMACHANDRAN(R-516)



       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No.1828 of 2021


                           C.S DIAS,J.
                        ---------------------------
                     OP(C) No.1828 of 2021
                       -----------------------------
                Dated this the 26th day of July, 2023 .

                           JUDGMENT

The learned counsel appearing for the petitioners

seeks leave to withdraw the original petition pursuant to

the memo dated 24.7.2023, but subject to the condition

that the amount of Rs.1,00,000/- directed to be deposited

by this Court by interim order dated 20.10.2021 may be

released to the respondent. I find the submission to be

reasonable.

Resultantly, the original petition is dismissed as

withdrawn with a direction to the Court of the

Additional District Judge-I, Mavelikkara to release the

OP(C) No.1828 of 2021

amount of Rs.1,00,000/-, which was deposited pursuant

to the orders of this Court to the respondent, in

accordance with law.

SD/-

sks/26.7.2023 C.S.DIAS, JUDGE

OP(C) No.1828 of 2021

APPENDIX OF OP(C) 1828/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BANK STATEMENT OF THE 1ST PETITIONER SHOWING THE EMI PAYMENTS MADE OUT TO THE RESPONDENT DATED 01-10-2021

Exhibit P2 TRUE COPY OF THE ARBITRAL AWARD DATED 20-

03-2019

Exhibit P3 TRUE COPY OF THE PROCLAMATION NOTICE UNDER THE ORDER XXI AND RULE 66, DATED 17-09- 2021.