IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 Arb.A.No. 36 of 2009() ---------------------- AGAINST THE ORDER IN OP(ARB.) No. 985/2009 ON THE FILE OF THE DISTRICT JUDGE, ERNAKULAM .................... APPELLANT/PETITIONER IN THE O.P.: ----------------------------- M/S.MUTHOOT VEHICLE AND ASSET FINANCE LTD, FORMERLY KNOWN AS MUTHOOT LEASING AND FINANCE LTD, MUTHOOT CHAMBERS,KURIAN TOWERS,BANERJI ROAD COCHIN,REP BY ITS POWER OF ATTORNEY HOLDER MRS.BABY SUJATHA, AGED 30 YEARS,D/O.VALSAN SAI SOORAJ,THAMARASSERY ROAD,THRIPOONITHURA. BY ADV. SRI.C.S.MANILAL RESPONDENTS/RESPONDENTS: --------------- 1. MANOJ CHACKO S/O.THOMAS CHACKO, KALLUVELIL HOUSE, THATTARATHATTA PO, KARIMKUNNAM, THODUPUZHA IDUKKI DISTRICT. 2. THOMAS CHACKO S/O.CHACKO, KALLUVELIL HOUSE, THATTARATHATTA PO, KARIMKUNNAM, THODUPUZHA IDUKKI DISTRICT. THIS ARBITRATION APPEALS HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------ Arb. Appeal No. 36 OF 2009 ------------------------------------- Dated this the 6th day of April, 2010 J U D G M E N T ~~~~~~~~~~~ Basheer, J. The issue involved in this appeal is squarely covered by a decision of this Court in Muthoot Vehicle & Asset Finance Ltd. v. Gopalan Kuttappan [2009(4) KLT 129]. 2. Therefore, the impugned order is set aside and the matter is remanded to the court below for fresh disposal. The court below shall dispose of the case, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. (A.K.BASHEER, JUDGE) (P.Q. BARKATH ALI, JUDGE) ps