IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12240 of 2008(F) ---------------------------------------- CMA.9/2007 of SUB COURT, SULTHAN BATHERY OS.148/2006 of MUNSIFF MAGISTRATE, SULTHAN BATHERI .................... PETITIONER: -------------------- AMMED P., S/O.ABOOBACKER, POYILIL VEEDU, CHEEYAMBAM P.O., IRULAM AMSOM DESOM, SULTHANBATHERY TALUK. BY ADV. SRI.S.M.PRASANTH RESPONDENTS: ----------------------- 1. THE BRANCH MANAGER, SREERAM INVESTMENT AND FINANCE CO.LTD., WORKING AS IN CHARGE, SREEPADAM BUILDING, CHEROOTY ROAD, KOZHIKODE. 2. THE MANAGING DIRECTOR, KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION, TRISA COMMERCIAL COMPLEX, PALAYAM, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.12240 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is filed with a prayer to quash the order dated 9.4.2007 in I.A.No.858 of 2006 in O.S.No.148 of 2006 on the file of the Munsiff-Magistrate Court, Sulthan Bathery. I had perused the order passed by the learned Sub Judge. The court was considering about the arbitrability of the matter and the jurisdiction of the court. The Sub Court held that the C.M.A is not maintainable. I had perused the order of the learned Munsiff also. The learned Munsiff while dealing with the application regarding the arbitrability had dismissed the suit itself. So the final result has emerged in the suit and I am informed that an appeal is filed against the dismissal of the suit incorporating a ground on the arbitrability as well. The proper remedy for the party is to pursue the remedy in the appeal and in case of necessity he can move the court before vacation or during vacation, if he feels that the matter is urgent. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-