CourtKutchehry.com
High CourtsSingle Bench

M.K. Nimesh vs Sundaram Finance Limited

High Court Of Kerala · Decided on 13 January 2023 · Citation: (2023) 01 KL CK 0118

HON’BLE JUDGES
C.S.Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 · Arbitration and Conciliation Act, 1996 — Section 17(2)
CASE NUMBER
Original Petition (C) No. 96 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 333 words

C.S.Dias, J

1.

The original petition is filed to direct the Commercial Court, Ernakulam, to issue the certified copy of the order dated 24.11.2022 passed in CMA (Arb)No.611/2022 within a time frame.

2.

The petitioner’s case is that he had entered into a hypothecation agreement with the respondent for the purchase of a vehicle. The petitioner committed default and the respondent unilaterally appointed an Arbitrator, who has passed an interim award. It is learnt that the respondent has sought for enforcement of the interim award by filing CMA(Arb) No.611/2022 under Section 17(2) of the Arbitration and Conciliation Act, 1956 (in short ‘Act’) before the court below. Without notice to the petitioner, the court below has passed an order. Coming to learn of the order, the petitioner has filed an application to obtain the copy of order dated 24.11.2022. However, the respondent is proceeding to seize the vehicle with the assistance of an Advocate Commissioner. If the vehicle is seized, it would cause prejudice to the petitioner. The petitioner proposes to challenge the order. Hence, the original petition.

3.

Heard; Sri.Shibu Joseph, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, I dispense with notice to the respondent.

4.

On an analysis of the pleadings and materials on record and taking note of the fact that the petitioner has already made an application for obtaining the interim order dated 24.11.2022 passed by the court below in CMA (Arb)No.611/2022, I am inclined to allow the original petition.

In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I pass the following orders:

(i) The Commercial Court, Ernakulam is directed to issue the certified copy of the order dated 24.11.2022 in CMA(Arb) No.611/2022 to the petitioner within one week from today, if the application is in order.

(ii) The court below is directed to defer all further proceedings in CMA(Arb) No.611/2022 for a period of two weeks.