IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 OP(C).No. 1246 of 2010(O) ------------------------- AGAINST THE ORDER IN E.P.56/2010 IN AR.178/2007 of ADDITIONAL SESSIONS COURT(ADHOC)III, KOLLAM .................... PETITIONER: --------------------- MR.UNNI KRISHNAN, AGED 59 YEARS, S/O.KESAVAN PILLAI, RESIDING AT SREE BHAVAN, ELAMPAL P.O., PUNALUR, KOLLAM DISTRICT. BY ADVS. SRI.AJEESH S.BRITE, SRI.G.PADMAKUMAR, SRI.DHRISYA MOHAN. RESPONDENT(S): --------------------------- MUTHOOT LEASING AND FINANCE LTD., MUTHOOT CHAMBERS, KURIAN TOWERS, BANARJEE ROAD, ERNAKULAM REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.FELIX RAJ, S/O.FRANCIS, AGED 28 YEARS, RESIDING AT THARAYIL VEEDU, KARITHURA, CHAVARA P.O., KOLLAM - 689 582. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1246 of 2010 ==================================== Dated this the 21st day of December, 2010 J U D G M E N T Judgment debtor in E.P. No.56 of 2010 of the court of learned District Judge, Kollam where the award in A.R. No.178 of 2007 is being executed is the petitioner before me, challenging Exts.P1 and P2. Notice under Rule 37 of Order XXI of the Code of Civil Procedure (for short, “the Code”) was issued to the petitioner on the execution petition wherein respondent claimed recovery of the amount by personal execution. Grievance of petitioner is that Arbitrator has passed the award without notice to the petitioner and that earlier execution petition was dismissed for default. 2. Request in this petition is to set aside or quash Exts.P1 and P2 pending disposal of petition to set aside the award. Assuming that petition to set aside the award is pending, that is no ground to quash or set aside Exts.P1 and P2 so far as there is nothing illegal in it. It is open to the petitioner to prefer his objection if any to Ext.P1, notice issued under Rule 37 of Order XXI of the Code on such grounds as are available to him and as O.P(C) No.1246 of 2010 -: 2 :- provided under law. Learned District Judge is directed to dispose of Ext.P1, giving sufficient opportunity to the petitioner to prefer objection to the notice and to substantiate the contentions that may be urged by him. Original Petition is closed with the above direction. THOMAS P. JOSEPH, JUDGE. vsv