M/S. Hedge Finance Ltd vs Jose Joseph
2023 Latest Caselaw 4169 Ker

Citation : 2023 Latest Caselaw 4169 Ker
Judgement Date : 31 March, 2023

Kerala High Court

M/S. Hedge Finance Ltd vs Jose Joseph on 31 March, 2023

OP(C) NO. 836 OF 2023
                                     1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
 FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        OP(C) NO. 836 OF 2023
   AGAINST THE ORDER/JUDGMENT IN AA 7/2021 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT - VIII, ERNAKULAM / IV
                      ADDITIONAL MACT, ERNAKULAM
PETITIONER/S:

            M/S. HEDGE FINANCE LTD.
            CORPORATE OFFICE, HEDGE HOUSE, MAMANGALAM, KOCHI-
            682025 REP. BY ITS POWER OF ATTORNEY HOLDER MADHU
            E, S/O. KELAPPAN, AGED 46 YEARS, EDAVATH HOUSE,
            MEPPAYUR, VADAKARA, KANNUR, PIN - 673524

            BY ADVS.
            SABU S.KALLARAMOOLA
            LEEJOY MATHEW.V.



RESPONDENT/S:

            JOSE JOSEPH
            AGED 49 YEARS
            UPPOOTTIL, KANJIRAMATAM, ULLANAD,BHARANANGANAM,
            KOTTAYAM, PIN - 686651


OTHER PRESENT:

            ADV JAYASANKAR




     THIS     OP   (CIVIL)     HAVING    COME   UP    FOR    ADMISSION   ON
31.03.2023,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 836 OF 2023
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                        JUDGMENT

The original petition is filed to direct the Court of

the Additional District Judge - VIII, Ernakulam to hear

the maintainability of Arbitration Appeal No.7/2021,

expeditiously.

2. The petitioner's case is that it is a non-banking

financial company. The respondent had availed a loan

from the petitioner and defaulted its repayment. The

petitioner invoked the arbitration clause and an order

was passed under Section 17 of the Arbitration and

Conciliation Act (in short, Act) in favour of the

petitioner. For the enforcement of the above order, the

petitioner filed CMA (Arbitration) No.324/2021 before

the Commercial Court, Ernakulam. The vehicle was

taken possession of and handed over to the petitioner.

Subsequently, the vehicle was sold in public auction. In

the meantime, the respondent has filed Arbitration OP(C) NO. 836 OF 2023

Appeal No.7/2021 before the court below challenging

Ext.P2 order passed by the Arbitral Tribunal. The

petitioner has raised a preliminary objection regarding

the maintainability of the appeal. Despite raising the

above question, the court below is not considering the

maintainability question. Hence, the original petition.

3. Heard; Sri.Sabu S., the learned Counsel

appearing for the petitioner and Sri.Jayasankar, the

learned Counsel appearing for the respondent.

4. On a consideration of the pleadings and

materials on record and in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the

Additional District Judge-VIII, Ernakulam, to consider

the question of maintainability of the appeal raised by

the petitioner, in accordance with law and as

expeditiously as possible. The court below would be at OP(C) NO. 836 OF 2023

liberty to consider the appeal itself along with the

question of maintainability.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE rkc/31.03.23 OP(C) NO. 836 OF 2023

APPENDIX OF OP(C) 836/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LOAN AGREEMENT DATED 17-01-2020 EXECUTED BY THE PETITIONER AND RESPONDENT

Exhibit-P2 TRUE COPY OF THE ORDER DATED 08-07-2021 PASSED BY THE ARBITRATOR IN I.A.NO. 01/2021 IN ARB.REF. NO. 39/2021

Exhibit-P3 TRUE COPY OF THE ORIGINAL PETITION FILED IN CMA (ARB) 324/2021 OF THE COMMERCIAL COURT, ERNAKULAM

Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 13.09.2021 IN CMA (ARB) 324/2021 OF THE COMMERCIAL COURT, ERNAKULAM

Exhibit-P5 TRUE COPY OF THE ARBITRATION APPEAL NO.

7/2021 ON THE FILE OF THE VIITH ADDITIONAL DISTRICT COURT, (FAST TRACK

-II), ERNAKULAM

ExhibitP6 TRUE COPY OF THE PROCEEDINGS DATED 05.10.2021 IN ARBITRATION APPEAL NO. 07/2021 OF THE 8TH ADDITIONAL DISTRICT COURT (FAST TRACK -II), ERNAKULAM, DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE DISTRICT COURT

Exhibit-P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN I.A. 02/2021 IN ARBITRATION APPEAL NO. 7/2021 OF THE 8TH ADDITIONAL DISTRICT COURT (FAST TRACK -II), ERNAKULAM

Exhibit-P8 TRUE COPY OF THE PROCEEDINGS DATED 20.08.2022 DOWNLOADED FROM THE OFFICIAL WEBSITE OF 8TH ADDITIONAL DISTRICT COURT(FAST TRACK -II), ERNAKULAM IN OP(C) NO. 836 OF 2023

ARBITRATION APPEAL NO. 7/2021

Exhibit-P9 TRUE COPY OF THE PROCEEDINGS DATED 16.11.2022 DOWNLOADED FROM THE OFFICIAL WEBSITE OF 8TH ADDITIONAL DISTRICT COURT(FAST TRACK -II), ERNAKULAM IN ARBITRATION APPEAL NO. 7/2021

Exhibit-P10 TRUE COPY OF THE FINAL AWARD DATED 06-