IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 OP(C).No. 1780 of 2011(O) OP(ARB.) NO.25/2010 OF THE DISTRICT COURT, KOLLAM CMP.10802/2006 of J.M.F.C.-I,KOTTARAKKARA PETITIONERS --------------------- 1. K.SHEELA, W/O.RAJENDRAN, AGED 39 YEARS, RESIDING AT PADMA VIHAR, POOVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. 2. RAJENDRAN, S/O.PADMANABHAN, AGED 47 YEARS, RESIDING AT PADMA VIHAR, POOVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SMT.I.S.LAILA @ LAILA SUNIL RESPONDENTS: --------------- 1. M/S.SUNDRAM FINANCE LTD., NO.21, PATULLOS ROAD, CHENNAI - 600002 REPRESENTED BY ITS DEPUTY MANAGER. 2. M/S.SUNDRAM FINANCE LTD., NARAYAN SHOPPING COMPLEX, IST FLOOR, KADAPPAKKADA, REPRESENTED BY BRANCH MANAGER, KADAPPAKKADA. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1780 OF 2011 O ------------------------------------------------------ Dated this the 3rd day of June, 2011 JUDGMENT The relief prayed for by the petitioners is to direct the District Court, Kollam to keep in abeyance all further proceedings in O.P. (Arb) No.25 of 2010 till the final disposal of Ext.P6 proceedings pending before the Judicial First Class Magistrate's Court, Kottarakkara. 2. The petitioners entered into a hire purchase agreement with the respondents for the purchase of a vehicle. The petitioners allege that the vehicle was sold to one Riyas with a stipulation that Riyas should pay the balance instalments payable to the respondents. Riyas committed default. He sold the vehicle to another person who sold the vehicle to yet another person. In the meanwhile, the respondents initiated arbitration proceedings for realization of the amounts allegedly due under the hire purchase agreement. An award was passed by the Arbitrator. The petitioners O.P.(C) NO.1780 OF 2011 :: 2 :: challenged the award in O.P.(Arb) No.25 of 2010 on the file of the District Court, Kollam. The said case is pending. It is posted for evidence to 4.6.2011. 3. The prayer of the petitioners to adjourn the case was rejected by the court below. The petitioners allege that the proceedings in Ext.P6, a complaint filed by the petitioners against Riyas, his assignee and the subsequent assignee alleging offence under Section 420, was referred to the police under Section 156(3) of the Code of Civil Procedure and the investigation is pending. It is stated that the investigation reveals that the petitioners were cheated by Riyas and others. The petitioners also suspect that the respondents are also involved in the offence. The contention of the petitioners is that if sufficient time is granted, many relevant pieces of evidence could be produced by them before the District Court, Kollam in O.P.(Arb) No.25 of 2010. 4. The order passed by the court below is not produced. The proceedings in a criminal case are not binding on the civil court. O.P.(Arb) No.25 of 2010 cannot be indefinitely adjourned only on the O.P.(C) NO.1780 OF 2011 :: 3 :: ground that investigation in a criminal case is pending. The relief prayed for by the petitioners cannot be granted. The Original Petition is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/