IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 OP(C).No. 1685 of 2011(O) ------------------------------------ EP.20/2011 IN AC . 15/2010 of DISTIRCT COURT,KOZHIKODE .................... PETITIONER ------------------- VARGHESE, S/O.ELIYAMMA, 5/652, NADUKKARA, MAMMUNNIPADI, PUTHUPPADI P.O., THAMARASSERY, KOZHIKODE-673 586. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): ------------------------- MANAPPURAM GENERAL FINANCE & LEASING LTD., MANAPPURAM HOUSE, VALAPPAD, THRISSUR-680 567. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OPC. NO.1685/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMMUNICATION DTD. 5.3.2007 ISSUED BY THE RESPONDENT TO THE PETITIONER. P2:- COPY OF THE LAWYER NOTICE DTD. 25.1.08 ISSUED TO THE PETITIONER. P3:- COPY OF THE NOTICE ISSUED FROM THE OFFICE OF THE SOLE ARBITRATOR TO THE PETITIONER DT. 31.7.2010. P4:- COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE SOLE ARBITRATOR ON 15.5.10. P5:- COPY OF THE EP. 20/11 ISSUED TO THE PETITIONER FROM THE DISTRICT COURT, KOZHIKODE. P6:- COPY OF THE REGD. LETTER ISSUED BY THE PETITIONER TO THE SOLE ARBITRATOR AS WELL AS THE RESPONDENT DT. 23.5.11. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1685 of 2011 -------------------------------------- Dated this the 26th day of August, 2011. JUDGMENT Petitioner is the judgment debtor in E.P.No.20 of 2011 of the court of learned District Judge, Kozhikode where an award passed in A.C. No.15 of 2010 is being executed. Petitioner challenges Ext.P5, execution petition on the ground that the said petition was filed without serving a copy of the award to the petitioner. According to the learned counsel, it is only on non-payment of the amount within the time stipulated after serving copy of the award that execution proceeding could be launched. It is also submitted by learned counsel that in the meantime, petitioner issued Ext.P6, notice to the Arbitrator to serve a copy of the award, he received copy of the award and that is already under challenge in the District Court under Section 34 of the Arbitration and Conciliation Act. According to the learned counsel in the circumstances, execution petition is not maintainable. 2. Now that petitioner has already received a copy of the award and has initiated proceeding to set aside the same, it is open to the petitioner to raise his objection in the execution proceeding before the learned District Judge. It is not necessary for this Court to pass any order in the circumstances. OP(C) No.1685/2011 2 Resultantly leaving it open to the petitioner to raise his objection before the learned District Judge as to the sustainability of the execution petition, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks