IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP(C).No. 1924 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 1204/2011 IN ARBOP.231/2009 of I ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER ------------------------------ JOHNY K.P., AGED 49, S/O. VAVACHAN, KOVATTUPARAMBIL HOUSE, K.P.VALLON ROAD, KADAVANTHRA, KOCHI-20. BY ADV. SMT.K.BHAVYA GOPAL RESPONDENT(S): --------------- M/S. MUTHOOT VEHICLE AND ASSET FINANCE LTD., MUTHOOT CHAMBERS, KURIAN TOWERS, BANERJI ROAD, COCHIN-682 018, REP. BY ITS POWER OF ATTORNEY HOLDER, MRS. BABY SUJATHA, AGED 32, D/O. VALSAN. BY SC SRI.C.S.MANILAL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1924 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF ORDER DTD.10.2.2009 EXT.P2: COPY OF RECEIPT DTD.15.1.2011 EXT.P3: COPY OF IA NO.1204/2011 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. --------------------------------- O.P(C)No.1924 OF 2011 --------------------------------- Dated this the 20th day of June, 2011 JUDGMENT The respondent filed OP(Arbitration) No.231 of 2009 before the First Additional District Court, Ernakulam against the petitioner. As per the order in I.A.No.788 of 2009 interim order of attachment of the property belonging to the petitioner was made. It is stated that the interim order of attachment was made absolute later. 2. It is stated that an award was passed in respect of the claim made by the respondent. It is also stated that when the award was sought to be executed, the matter was settled between the parties. 3. Pointing out these aspects, the petitioner filed I.A.No.1204 of 2011 before the First Additional District Court, Ernakulam praying to lift the attachment and to communicate the order to the Sub Registrar's office, Ernakulam. The grievance of the petitioner is that I.A.No.1204 of 2011 has not been disposed of. The learned counsel for the petitioner submitted that the petitioner is not in a position to effect any transaction with respect to the property since in the encumbrance certificate the factum of attachment is noticed. O.P(C)No.1924 OF 2011 2 4. The learned counsel for the respondent submitted that the respondent has no objection in lifting the attachment since the matter was settled. 5. Since there is no objection for allowing I.A.No.1204 of 2011, the First Additional District Court, Ernakulam shall pass final orders in I.A.No.1204 of 2011 within one week from the date of receipt of a copy of this judgment. Accordingly, the Original Petition is allowed and the First Additional District Court, Ernakulam is directed to dispose of I.A.No.1204of 2011 within a period from one week from the date of receipt of a copy of the judgment, after recording that the respondent has no objection in allowing the application. K.T.SANKARAN, JUDGE. cms