Kerala High Court

Manjooran Housing Development ... vs Rajeevan P.V on 23 August, 2025

                                                      2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                   1
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE K. NATARAJAN

     SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947

                         OP(C) NO. 2083 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.56 OF 2022 OF

ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT,ERNAKULAM


PETITIONER/S:

    1       MANJOORAN HOUSING DEVELOPMENT CO.PVT.LTD.,
            THAMMANAM ROAD, PALARIVATTOM REPRESENTED BY ITS
            CEO/MANAGING DIRECTOR, SHRI. JOHN J. MANJOORAN, PIN -
            682025

    2       SHRI. JOY JO MANJOORAN
            AGED 71 YEARS
            S/O. JOSEPH MANJOORAN, HOUSE NO.3/1067,
            THURUTHEPARAMBIL ROAD, THRIKKAKARA P.O.,, PIN - 682021

    3       SHRI. PAUL J. MANJOORAN
            AGED 65 YEARS
            MANJOORAN HOUSE, CC 48/425K, ELAMAKKARA, EDAPALLY SOUTH
            VILLAGE, KANAYANNOOR TALUK, KOCHI, PIN - 682026

    4       SHRI. JOMY THOMAS MANJOORAN
            AGED 56 YEARS
            S/O. POULOSE JOSEPH, CC 59/2104, T.A.BEERANKUNJU ROAD,
            ERNAKULAM NORTH P.O., KOCHI, PIN - 682018

    5       SHRI. JOHN J MANJOORAN
            AGED 53 YEARS
            CC 59/2104, T.A.BEERANKUNJU ROAD, ERNAKULAM NORTH
            P.O.,, PIN - 682018


            BY ADVS.
            SRI.K.R.VINOD
            SMT.M.S.LETHA
            SMT.ATHIRA K.S.
                                                   2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                2
          SHRI.JOHN PAUL MANJALY




RESPONDENT/S:

    1     V.L. NARAYANAN
          AGED 57 YEARS, S/O. NVR IYYER, RESIDING AT CRA 103,
          CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI, PIN - 682025

    2     REKHA NARAYANAN
          AGED 54 YEARS, W/O. V.L. NARAYANAN, RESIDING AT CRA
          103, CHAKKUNGAL ROAD, PALARIVATTOM, KOCHI, PIN - 682025



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2025,
ALONG WITH OP(C).2084/2025, 2088/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                       2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                   3

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE K. NATARAJAN

     SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947

                         OP(C) NO. 2084 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.52 OF 2022 OF

ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT,ERNAKULAM


PETITIONER/S:

    1       MANJOORAN HOUSING DEVELOPMENT CO.PVT.LTD.
            THAMMANAM ROAD, PALARIVATTOM REPRESENTED BY ITS
            CEO/MANAGING DIRECTOR, SHRI. JOHN J. MANJOORAN, PIN -
            682025

    2       SHRI. JOY JO MANJOORAN
            AGED 71 YEARS
            S/O. JOSEPH MANJOORAN, HOUSE NO.3/1067,
            THURUTHEPARAMBIL ROAD, THRIKKAKARA P.O.,, PIN - 682021

    3       SHRI. PAUL J. MANJOORAN
            AGED 65 YEARS
            MANJOORAN HOUSE, CC 48/425K, ELAMAKKARA, EDAPALLY SOUTH
            VILLAGE, KANAYANNOOR TALUK, KOCHI, PIN - 682026

    4       SHRI. JOMY THOMAS MANJOORAN
            AGED 56 YEARS
            S/O. POULOSE JOSEPH, CC 59/2104, T.A.BEERANKUNJU ROAD,
            ERNAKULAM NORTH P.O., KOCHI, PIN - 682018

    5       SHRI. JOHN J MANJOORAN
            AGED 53 YEARS
            CC 59/2104, T.A.BEERANKUNJU ROAD, ERNAKULAM NORTH P.O,
            PIN - 682018


            BY ADVS.
            SRI.K.R.VINOD
            SMT.M.S.LETHA
                                                   2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                  4
          SMT.ATHIRA K.S.
          SHRI.ABHISHEK P. NAIR




RESPONDENT/S:

    1     ABHILASH G. PILLAI
          AGED 40 YEARS, S/O. P.N. BALAKRISHNA PILLAI, ANAGHA,
          KOKKEL JUNCTION (WEST), KOTTAMVEROOR P.O., MANNAR,
          ALLEPPEY DISTRICT, PIN - 689623

    2     RESMI R.
          W/O. ABHILASH G. PILLAI, AGED 37 YEARS, ANAGHA, KOKKEL
          JUNCTION (WEST), KOTTAMVEROOR P.O., MANNAR, ALLEPPEY
          DISTRICT,, PIN - 689623



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2025,
ALONG WITH OP(C).2083/2025 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                       2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                   5

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE K. NATARAJAN

     SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947

                         OP(C) NO. 2088 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED IN OPARB NO.55 OF 2022 OF

ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,

ERNAKULAM


PETITIONER/S:

    1       MANJOORAN HOUSING DEVELOPMENT CO.PVT.LTD
            , THAMMANAM ROAD, PALARIVATTOM REPRESENTED BY ITS
            CEO/MANAGING DIRECTOR, SHRI. JOHN J. MANJOORAN, PIN -
            682025

    2       SHRI. JOY JO MANJOORAN
            AGED 71 YEARS
            S/O. JOSEPH MANJOORAN, HOUSE NO.3/1067,
            THURUTHEPARAMBIL ROAD, THRIKKAKARA P.O.,, PIN - 682021

    3       SHRI. PAUL J. MANJOORAN
            AGED 65 YEARS
            S/O. JOSEPH MANJOORAN, MANJOORAN HOUSE, CC 48/425K,
            ELAMAKKARA, EDAPALLY SOUTH VILLAGE, KANAYANNOOR TALUK,
            KOCHI, PIN - 682026

    4       SHRI. JOMY THOMAS MANJOORAN
            AGED 56 YEARS
            S/O. POULOSE JOSEPH, CC 59/2104, T.A.BEERANKUNJU ROAD,
            ERNAKULAM NORTH P.O., KOCHI, PIN - 682018

    5       SHRI. JOHN J MANJOORAN
            AGED 53 YEARS
            S/O. JOSEPH MANJOORAN, CC 59/2104, T.A.BEERANKUNJU
            ROAD, ERNAKULAM NORTH P.O.,,, PIN - 682018
                                                   2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                6
          BY ADVS.
          SRI.K.R.VINOD
          SMT.M.S.LETHA
          SMT.ATHIRA K.S.
          SHRI.ATHUL RAJ AUGUSTINE




RESPONDENT/S:

    1     RAJEEVAN P.V.
          AGED 46 YEARS, S/O. K.KRISHNAN NAIR, PONNAMMARE
          VEETTIL, FLAT NO.10 D1, MOONSTONE APARTMENT, THAMMANAM
          ROAD, PALARIVATTOM, KOCHI, PIN - 682025

    2     MANJUSHA
          W/O. RAJEEVAN P..V., AGED 39 YEARS, PONNAMMARE VEETTIL,
          FLAT NO.10 D1, MOONSTONE APARTMENT, THAMMANAM ROAD,
          PALARIVATTOM, KOCHI, PIN - 682025



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2025,
ALONG WITH OP(C).2083/2025 AND CONNECTED CASES, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
                                                      2025:KER:64855
[OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

                                7
                          JUDGMENT

Dated this the 23rd day of August, 2025

The O.P(C) No. 2088/2025 has been filed by the

petitioner/judgment debtor for issuing directions to the Principal

Sub Court, Ernakulam, to hear and dispose of Ext.P1, filed by

the petitioner under Section 34 of the Arbitration and

Conciliation Act, 1996 (hereinafter referred as 'the Act' for

short).

2.The original petitions No. 2083/2025 and 2084/2025 has

been filed for issuing directions to the First Additional Sub

Court, Ernakulam, to hear and dispose of Ext.P1 in both the

cases under Section 34 of the Act, within a time-bound manner.

3.Heard the learned counsel for the petitioner.

4.Looking into the facts and circumstances of the case,

issuance of notice to the other side and calling the report from

the trial court is hereby dispensed with.

5.It is submitted that the petitioner suffered an arbitration

award passed by the sole arbitrator in the year 2022.

Subsequent to the passing of the award, the petitioner 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

challenged the award by filing petitions under Section 34 of the

Act. Accordingly, three petitions were filed as in O.P(Arbitration)

Nos.52/2022, 55/2022, 56/2022. One of the cases has been

posted before the Principal Sub Court, Ernakulam, while the

other two have been allotted to the First Additional Sub Court,

Ernakulam. Though the petitions were filed in the year 2022

itself, at the time, no execution petition had been filed by the

respondent. Therefore, the petitioner did not file any

interlocutory application seeking a stay of the execution of the

said awards at that stage. However, after filing these petitions,

the respondent proceeded to file execution petitions before the

District Judge, Ernakulam, and the learned District Judge passed

orders issuing notice and warrant against the petitioner. When

the main petition is under challenge before the Commercial

court Under Section 34 of the Act, the execution proceedings

cannot be proceeded with. Hence, the petitioner is before this

court.

6.It is also submitted though the petition was pending for

three years, the Commercial court issued notice to the arbitrator 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

to submit the arbitration proceedings in records, but it is

awaited, and the case is posted on 18.09.2025. The District

Judge issued a warrant to appear on 15.09.2025; therefore

prayed for keeping in abeyance the execution proceedings

pending before the trial court.

7.Considering the facts and circumstances of the case,

when the petitioner is challenging the arbitration award before

the commercial court under Section 34 of the Act, it is necessary

for the petitioner to file an interlocutory application for staying

the operation and execution of the award but no such application

was filed by the petitioner. However, it is submitted that at the

time of filing the original petition, there was no execution

petition filed by the respondent, but the execution petitions are

filed only after the petition filed by the petitioner under Section

34 of the Act. Therefore, it is necessary for the petitioner to file

an interlocutory application before the Sub Court, Ernakulam,

for staying execution and operation of the award under

challenge before the commercial court. Therefore, by granting

liberty to the petitioner to file an interlocutory application before 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

the Commercial court and it is necessary to issue directions to

the Commercial court to dispose of the O.P (Arbitration) cases

as expeditiously as possible, within a time-bound manner.

8.Accordingly, all three petitions are allowed.

9.The Principal Sub Court / First Additional Sub court,

Ernakulam is directed to dispose of O.P(Arbitration) cases

within one year from the date of receipt of a copy of the

judgment.

The petitioner is at liberty to move an interlocutory

application immediately before the Commercial Court for

staying the operation and execution of the award passed by the

arbitrator till the disposal of those interlocutory applications; the

execution petitions filed by the respondents are kept in

abeyance.

Sd/-

K. NATARAJAN JUDGE SJ 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P.(ARB)NO.52/2022 DATED 09.06.2022 IN THE FILES OF COMMERCIAL COURT, ERNAKULAM NOW IN THE FILES OF FIRST ADDITIONAL SUB COURT, ERNAKULAM Exhibit P2 TRUE COPY OF THE E.P.NO.947/2023 DATED 10.08.2023 FILED BY THE RESPONDENTS FOR EXECUTING ARBITRAL AWARD 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P.(ARB)NO.55/2022 IN THE FILES OF COMMERCIAL COURT, ERNAKULAM NOW IN THE FILES OF PRINCIPAL SUB COURT, ERNAKULAM Exhibit P2 TRUE COPY OF THE E.P.NO.950/2023 FILED BY THE RESPONDENTS FOR EXECUTING ARBITRAL AWARD 2025:KER:64855 [OP(C) Nos.2083/2025, 2084/2025, 2088/2025]

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.P.(ARB)NO.56/2022 IN THE FILES OF COMMERCIAL COURT, ERNAKULAM NOW IN THE FILES OF FIRST ADDITIONAL SUB COURT, ERNAKULAM Exhibit P2 TRUE COPY OF THE E.P.NO.949/2023 FILED BY THE RESPONDENTS FOR EXECUTING ARBITRAL AWARD