IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30512 of 2009(O) ---------------------------------------- OPARB.282/2009 of DISTRCT COURT, ERNAKULAM .................... PETITIONER(S): ------------------------- M/S.MUTHOOT LEASING AND FINANCE LTD., NOW RENAMED AS M/S.MUTHOOT VEHICLE ASSETS & FINANCE LTD.,MUTHOOT CHAMBERS, 2ND FLOOR, KURIAN TOWERS, BANERJI ROAD, REP.BY ITS POWER OF ATTORNEY HOLDER JAYAN THANKAPPAN, S/O.THANKAPPAN, MUNDAKATHIL, MUNDAKAYM, KOTTAYAM. BY ADV. MR.C.S.MANILAL RESPONDENT(S): ------------------------- 1. PURUSHOTHAMAN NAIR, S/O.GOVINDA KURUP, KOCHUTHUNDATHIL HOUSE, KADAMMANITTA P.O., NARANJANAM, PATHANAMTHITTA. 2. THANKAMMA, W/O.SREEDHARAN, BABU SADANAM, MUNDOTTIKKAL P.O., KADAMMANITTA, PATHANAMTHITTA. 3. BABUKUTTAN.K.P., S/O.PURUSHOTHAMAN NAIR, KOCHUTHUNDATHIL HOUSE, KADAMMANITTA, NARAYANAM, PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.30512 OF 2009 -------------------------- Dated this the 28th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue appropriate direction to the 3rd Additional District Court, Ernakulam to issue certified copy of the judgment in O.P (Arb.) No.282/2009 and also the order in Ext.P5 application. ii) Issue appropriate order or direction directing the 1st respondent not to alienate or encumber the property having an extent of 35 cents in Sy. No.386/8-1 of Naranganam Village, Kozhencherry Taluk till the certified copy in O.P (Arb.) 282/2009 is issued to the petitioner. iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. W.P.(C).No.30512 OF 2009 Page numbers 2. Petitioner had moved an application under Section 9 of the Arbitration and Conciliation Act 1996 hereinafter referred to as the Act against the respondents before the Principal District Court, Ernakulam. The above proceeding was numbered as O.P (Arb.) No.282 of 2009 on the file of that court in which on an application moved by the petitioner an immovable property belonging to the first respondent situate within the jurisdiction of another court was ordered to be attached. Respondents entered appearance and filed objections to the application. Since the property ordered to be attached was beyond the jurisdiction of the court in which the application in the above O.P was filed, it is submitted, the court below has dismissed the O.P holding it has no jurisdiction to entertain the proceeding under Section 9 of the Act. Petitioner has applied for getting a copy of the order passed by the court below, but, till date it has not been furnished. Petitioner seeks directions/orders to court below for issue of copy of order at the earliest and also to keep alive the W.P.(C).No.30512 OF 2009 Page numbers order of attachment for a grace period till an appeal is preferred against the order dismissing his O.P. 3. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and hence it is dispensed with. I direct the court below to issue copy of the order dismissing O.P (Arb.) No.282/2009 to the petitioner, if applied for, within a period of three weeks from the date of receipt/production of a copy of this judgment. Order of attachment passed by the court below in the above O.P shall remain effective to and alive for a period of one month from the date of this judgment. Subject to the above orders/directions the writ petition is closed. Hand over a copy of the judgment to the learned counsel for the petitioner on usual terms and send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE