IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 27425 of 2009(O) -------------------------- EP.10/2008 of SUB COURT,THRISSUR .................... PETITIONER(S): --------------- M/S.RELIANCE COMMUNICATIONS INFRASTRUCTURE LTD, A AND P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHARA,KOCHI 682 016, REP. BY ITS CIRCLE MANAGER (LEGAL) AND AUTHORISED SIGNATORY, R.RAJA RAJA VARMA. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- T.J.SIVARAM, SRM ASSOCIATES THRISSUR ROAD, EDAPPAL. ADV. SRI.T.K.MARTHANDAN UNNITHAN SRI.V.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.27425 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the agreement dated 22.3.2007. Ext.P2: True copy of the letter dated 23.08.2007. Ext.P3: True copy of the letter issued on behalf of the company dated 21.11.2007. Ext.P4: True copy of the Arbitration award dated 24.09.2007. Ext.P5: True copy of the execution petition filed by the respondent dated 01.01.2008. Ext.P6: True copy of the counter affidavit on behalf of the petitioner dated 21.11.2008. RESPONDENT'S EXHIBITS: NIL S.S.SATHEESACHANDRAN, J. --------------------------------------------- W.P.(C) NO. 27425 OF 2009 --------------------------------------------- Dated this the 19th day of January, 2010 JUDGMENT This Writ Petition is filed seeking the following reliefs: i) to set aside the order dated 08.09.2009 of the Sub Court, Thrissur in E.P No.10 of 2008 in AOP 1 of 2007; ii) to direct the Sub Court, Thrissur to consider the objection raised by the petitioner in the counter affidavit filed in E.P.No.10 of 2008 in AOP 1 of 2007, before passing order in the execution petition; ii) to direct the Sub Court, Thrissur to issue a copy of the order dated 08.09.2009 in E.P.No.10 of 2008 in AOP 1 of 2007 expeditiously; Petitioner, a company, is the judgment debtor in E.P No.10/2008 in A.O.P No.1/2007 on the file of the Sub Court, Thrissur. The award passed in arbitration proceedings under the provisions of the Arbitration and Conciliation Act, 1996 is being executed in the above case. Petitioner has filed objections challenging the executability of the award. It is the case of the petitioner that without giving an opportunity to address arguments on the merits of the objections, the execution court ordered for attachment of movable items belonging to a sister concern of the company. Properties sought to be attached relate to that of the Reliance Web Store, which is W.P.(C) NO.27425 of 2009 2 different from that of the judgment debtor/company, is the case. At that stage, petitioner has moved this Writ Petition seeking the aforementioned reliefs invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. Notice given, the respondent-decree holder has entered appearance. I heard the counsel on both sides. Having regard to the submissions made and taking note of the facts and circumstances presented, I find that the ends of justice would be met if an opportunity is extended to the petitioner to canvass its objections before the execution court on the executability of the award subject to the condition of furnishing security for the amount covered by the award. In case the petitioner tenders security for the amount covered by the award within four weeks from today, and if that security is found satisfactory, the execution court shall consider the objections raised on the executability of the award canvassed by the petitioner/judgment debtor, and on the decision taken thereof, proceed with the execution of award. Subject to the above direction, the Writ Petition is closed . (S.S.SATHEESACHANDRAN, JUDGE) spc W.P.(C) NO.27425 of 2009 3