Santhosh M.K vs Muthoot Vehicle And Asset Finance ...
2023 Latest Caselaw 2748 Ker

OP(C) No.514/2023                           1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
                                   OP(C) NO. 514 OF 2023

     EP 358/2016 IN ARBITRATION CASE 108/2009 OF ADDITIONAL DISTRICT COURT-I,
                                     KOTTAYAM

   PETITIONER/JUDGMENT DEBTOR NO.1/1ST RESPONDENT:

          SANTHOSH M.K, AGED 41 YEARS, S/O KUNHUNNI, PANATHITTAYIL HOUSE,
          SHANMUKHAPURAM, LALSALAM ROAD, PACHALAM, ERNAKULAM, PIN - 682012.

   RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR 2 AND 3/CLAIMANT & RESPONDENTS 2
   AND 3:

       1. MUTHOOT VEHICLE AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, KURYAN
          TOWERS, BANERJI ROAD, ERNAKULAM, KOCHI, REPRESENTED BY ITS POWER OF
          ATTORNEY HOLDER AND SENIOR BUSINESS EXECUTIIVE MR.GIRISHMON N.K.,
          S/O KRISHNANKUTTY, AGED 44, RESIDING AT NEDUMKALAYIL HOUSE,
          POOVAMTHURUTHU, PANACHIKKAD VILLAGE, KOTTAYAM TALUK.
       2. MR. KUNJUNNI KUNJAN, S/O KUNJAN, MOOLEPARAMBIL HOUSE, KATTAMBAKK PO,
          NJEEHOOR, KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686612
       3. MR. AYOOD, S/O MOIDEEN KUTTY, NALUKANDATHIL HOUSE, KARUKAPILLY,
          ELAMAKKARA PO, EMAKULAM, PIN - 682028


        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 stay
   all further execution proceedings in EP No.358/2016 in Arbitration Case
   No.108/2009 pending before the Additional District Court-I, Kottayam
   forthwith, pending disposal of the Original Petition (Civil).


        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.P.SIVARAJ & M.MEHAR FARSANA, Advocates for the petitioner and of
   SRI.SABU.S., Advocate for the respondent 1, the court passed the
   following:




                                                                         (p.t.o)
 OP(C) No.514/2023                           2/2




                                       ORDER

Sri.Sabu S. takes notice for the 1st respondent. Notice to the respondents 2 and 3 are dispensed with since they are also the judgment debtors.

The learned counsel appearing for the petitioner and the learned counsel appearing for the 1st respondent submit that there is a likelihood of the disputes between the parties being settled, if they are referred for mediation.

Hence, the parties are referred to the Mediation Centre, High Court of Kerala on 09.03.2023 at 10.15 a.m. The Nodal Officer shall make arrangements to nominate a mediator. The Court of the Additional District Judge-I, Kottayam, is directed to defer further proceedings in EP No.358/2016 till the receipt of the mediation report. Post immediately after the mediation report is received.

Sd/- C.S.DIAS, JUDGE

01-03-2023 /True Copy/ Assistant Registrar