Safeer T.M.V vs Mr.Anuraj
2024 Latest Caselaw 5494 Ker

Kerala High Court

Safeer T.M.V vs Mr.Anuraj on 16 February, 2024

Author: Amit Rawal

Bench: Amit Rawal

Con.Case(C) No.422/2024                     1/4

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                           THE HONOURABLE MR. JUSTICE AMIT RAWAL
             Friday, the 16th day of February 2024 / 27th Magha, 1945
                CONTEMPT CASE(C) NO. 422 OF 2024(S) IN AR 201/2022
   PETITIONER(S)/PETITIONER:

            SAFEER T.M.V., AGED 39 YEARS, S/O IBRAHIM HAJI,

            SAREENA MAHAL, KAYARALAM MOTTA, KAYARALAM,

            KANNUR, PIN - 670602

        BY ADVOCATES M/S. S. VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA
        CHANDRIKA.R, V. NAMITHA,
   RESPONDENT(S)/RESPONDENT NO.1 (PRESENT REPRESENTATIVE OF HDB FINANCIAL
   SERVICES LTD. AND     RESPONDENTNO.2 CONTEMNORS):

       1. MR.ANURAJ, AGED 37 YEARS, S/O L. RAJU, LEGAL MANAGER, HDB FINANCIAL
          SERVICES LTD., MADHAV APARTMENT BUILDING, 2ND FLOOR, CHOVVA P.O.
          KANNUR, PIN - 670002
       2. G.KUMANAN, DISTRICT JUDGE (RETIRED), NO.E-1/63, SIDCO NAGAR, 5TH
          MAIN ROAD, NEARBY FIRE STATION, VILLIVAKKAM, CHENNAI, PIN - 600049

        This Contempt of court case (civil) having come up for orders on
   16.02.2024, the court on the same day passed the following:

                                                             P.T.O.
 Con.Case(C) No.422/2024                      2/4




                                      AMIT RAWAL, J.
                            =========================
                               Con.Case(C) No. 422 of 2024
                            =========================
                          Dated this the 16th day of February, 2024

                                          ORDER

This Court, by judgment dated 01.03.2023, in AR No.201/2022,

set aside the unilateral appointment of a retired District Judge -

respondent No.2 in the Arbitration Case - as the arbitrator and Smt.

Prasanna Kumari had been appointed as arbitrator, as suggested by

the parties, subject to her consent. The aforementioned order was

passed noticing that the service on the Arbitration case was effected

on all the representatives including Sri. G. Kumanan, District Judge

(Retired), the unilateral appointed arbitrator.

2. It is contended that before the new arbitrator also, the parties

had filed a statement of claim. However, the unilateral appointed

arbitrator has given an ex-parte award dated 10.11.2023 (Annexure

4). An application has been submitted before the arbitrator bringing

notice of the order of this Court mandating the court-appointed

arbitrator as sole arbitrator.

3. Issue notice on admission to respondents 1 and 2 by speed

post. Personal appearance of the respondents are dispensed with.

Post on 01.03.2024.

Sd/-

AMIT RAWAL JUDGE

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16-02-2024 /True Copy/ Deputy Registrar

APPENDIX OF CON.CASE(C) 422/2024 Annexure 4 COPY OF AWARD DATED 10-11-2023 OF 2ND CONTEMNOR (WITH TYPED COPY OF THE AWARD)

16-02-2024 /True Copy/ Deputy Registrar