IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).No. 2600 of 2011(O) -------------------------------------- E.P.NO.5/2011 IN ARB.NO. 4499/2009 of DISTRICT COURT, THODUPUZHA .................... PETITIONERS -------------------- 1. BASHEER,AGED 47 YEARS, BLOCK 1134,THIRD CAMP P.O, UDUMBANCHOLA,IDUKKI DISTRICT. 2. ABDUL SALAM,AGED 49 YEARS, BLOCK 1134,BALAGRAM P.O, UDUMBANCHOLA,IDUKKI DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S): ---------------------------- M/S.MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD,SADHANA HOUSE,2ND FLOOR, 570 P.B MARG,BEHIND MAHINDRA TOWERS, WORLI, MUMBAI,REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, VINOD, EXECUTIVE LEGAL, ERNAKULAM . PIN 682 021. BY ADV. SRI.DEVAPRASANTH.P.J. SRI.ANWAR SADATH VADAKENGARA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.2600/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 20/11/2007 P2 COPY OF THE E.P.NO.5 OF 2011 DATED 18/01/2011 P3 COPY OF THE DISCHARGE SUMMARY DATED 21/07/2011 P4 COPY OF THE OBJECTION DATED 24/07/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2600 of 2011 -------------------------------------- Dated this the 10th day of October, 2011. JUDGMENT Petitioners are judgment debtors in E.P.No.5 of 2011 of the court of learned District Judge, Thodupuzha where the award in ARB No.4499 of 2009 is being executed. Grievance of petitioners is that though petitioners have raised objection to the executability of the award before learned District Judge on various grounds including lack of jurisdiction and that execution is possible only in case of non-payment of the amount after a copy of the award is given but no such copy is served on petitioners, without deciding on those objections learned District Judge has issued warrant of arrest to the petitioners. Petitioners therefore, pray for a direction declaring that Ext.P2, execution petition is not maintainable before the learned District Judge, set aside the order issuing warrant of arrest to the petitioners and direct learned District Judge to issue a copy of the order directing warrant of arrest. 2. Learned counsel for respondent submits that as per the instruction given to him, a copy of the award was sent to the petitioners by registered post but, it was returned as unclaimed. It is submitted that the contention that learned District Judge has no jurisdiction to execute the award cannot stand. OP(C)No.2600/2011 2 3. Having heard learned counsel on both sides what is required is only to direct that warrant of arrest issued to the petitioners will remain in abeyance for some time and in the meantime, learned District Judge shall decide on the objections raised by the petitioners as to executability of the award before that court. Resultantly this Original Petition is disposed of as follows: i. It is directed that warrant of arrest issued to the petitioners will stand in abeyance for a period of one month from this day. Learned District Judge, Thodupuzha shall decide on the objections raised by the petitioners as to jurisdiction of that court to execute the award and its executability on the grounds pleaded by petitioners within the said period of one month. ii. Learned District Judge shall issue a copy of the order issuing warrant of arrest to the petitioners on usual terms of cost if it is applied for. THOMAS P.JOSEPH, Judge. cks