IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17411 of 2011(B) -------------------------- PETITIONER(S): --------------- SHIBU KURIAN, S/O. KURIAN PALLITHANAM, PALLITHANAM COMPOUND, KODANADU.P.O., AKKANAD VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): --------------- 1. TATA MOTORS FINANCE LIMITED, S.L.PLAZA, PALARIVATTOM-682025, KOCHI, ERNAKULAM DISTRICT. 2. THE MANAGER, TATA MOTORS FINANCE LIMITED S.L.PLAZA, PALARIVATTOM-682025, KOCHI, ERNAKULAM DISTRICT. 3. NITIN CHAVAN, CHARTERED ACCOUNTANT, 69/11, JIVITHESH NIWAS, ANDHERI(E), MUMBAI, MAHARASHTRA-400099. 4. TATA MOTORS FINANCNE LIMITED, 1ST FLOOR, CYBERTECH HOUSE, PLOT NO.B-63/65, ROAD NO.21/34, JB SAWANT MARG, WAGLE ESTATE, THANE(W), MUMBAI, MAHARASHTRA-400604. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17411 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE REPLY NOTICE DATED 22.9.10 ISSUED BY THE PETITIONER EXT.P2- THE TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 1.1.10 EXT.P3- THE TRUE COPY OF THEPLAINT IN O.S.55/2010 EXT.P4- THE TRUE COPY OF I.A.1863/2010 IN O.S. 55/2010 EXT.P5- THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A.1863/2010 EXT.P6- THE TRUE COPY OF THE NOTICE DATED 18.4.11 ISSUED BY THE 3RD RESPONDENT EXT.P7- THE TRUE COPY OF THE OBJECTION DATED 9.5.11 SENT BY THE PETITIONER EXT.P8- THE TRUE COPY OF THE 2ND NOTICE OF ARBITRATION PROCEEDINGS DATED 1.6.11 EXT.P9- THE TRUE COPY OF THE CLAIM PETITION SENT TO THE PETITIONER DATED 11.5.11 SEEKING AWARD OF rS.79,778.29 EXT.P10- THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER'S VEHICLE KL-40/4155 INDICA CAR EXT.P11- THE TRUE COPY OF THE INSURANCE CERTIFICATE OF THE PETITIONER'S VEHICLE DATED 28.10.2007 EXT.P12- THE TRUE COPY OF THE STATEMENT OF ACCOUNTS REGARDING THE REPAYMENTOF THE LOAN AMOUNT FROM THE ACCOUNT OF THE PETITIONER'S FATHER ISSUED FROM INDIAN OVERSEAS BANK, PERUMBAVOOR BRANCH EXT.P13- THE TRUE COPY OF THE TEMPORARY REPAYMENT SCHEDULE ISSUED BY THE 1ST RESPONDENT EXT.P14- THE TRUE COPY OF THE CHEQUE BEARING NO.001764 DRAWN ON THE INDIAN OVERSEAS BANK PERUMBAVOOR BRANCH EXT.15- THE TRUE COPY OF THE RECEIPT ISSUED FROM AXIS BANK LIMITED PERUMBAVOOR DATED 6.11.09 (True Copy) P.A. To Judge P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).17411/2011 .............................................. Dated this the 28th day of June, 2011 JUDGMENT Petitioner has approached this Court with the following prayers:- (i). Issue a writ of Certiorari or other appropriate Writ or Direction quashing Exts.P6, P8 and P9 (ii). To declare that the petitioner is entitled to contest the proposed arbitration proceedings by the 1st, 2nd and 4th respondents at Kerala (iii). To issue appropriate writ or direction stipulating that the petitioner is entitled to file his written statements and objections in the arbitration proceedings proposed to be initiated by the respondents 1, 2 and 4 through post, exempting him from his personal appearance. 2. Obviously, the main relief sought for by the petitioner is to intercept with the proceedings being pursued by respondents 1, 2 and 4 who have appointed the third respondent, a Chartered Accountant, as the Arbitrator and also to stall the arbitration proceedings proposed to be held in Mumbai. This Court does not W.P.(C).17411/11 2 require any second thought to arrive at a finding that no writ is maintainable against respondents 1, 2 and 4. In the above circumstances, no interference is warranted. The writ petition fails and the same is dismissed, making it clear that this will not stand in the way of the petitioner in pursuing other appropriate remedy, in accordance with law. P.R.RAMACHANDRA MENON, Judge mrcs