IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 20019 of 2009(O) --------------------------------------- OS.NO.365/2009 OF MUNSIFF COURT.,ERNAKULAM. .................... PETITIONER/ PLAINTIFF: ------------------------------------ JELSON JAMES, AGED 24 YEARS, S/O. JAMES V.P., H. NO. 486 A, (10/170A), PATTARUMADATHIL HOUSE, ULAVAIPU P.O., CHERTHALA, ALAPPUZHA. BY ADV. MR.N.K.MOHANLAL. RESPONDENTS/ DEFENDANTS: --------------------------------------------- 1. MANAGER, MAHINDARA AND MAHINDARA, FINANCIAL SERVICES LIMITED, 2ND FLOOR, CHANDRA SQUARE, KALLAN ROAD, MULLACKAL, ALAPPUZHA -11. 3. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED, REPRESENTED BY ITS REGIONAL MANAGER, DESHABHIMANI JUNCTION, KALOOR – 682 017. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.20019 of 2009 - O --------------------------------- Dated this the 16th day of July, 2009 J U D G M E N T This writ petition is filed seeking the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ or order directing the Honourable Principal Munsiff Court, Ernakulam to issue the certified copy of judgment in O.S.No.365/2009 as applied for in Exhibits P4 and P5 expeditiously or within a short time as stipulated by this Honourable court. ii) To issue an order of injunction restraining the respondents from forcefully re-possess the ambassador car bearing registration No.KL 32-7600 without due process of law.” 2. Petitioner is the plaintiff in O.S.No.365/2009 on the file of the Principal Munsiff Court, Ernakulam. Suit was one for perpetual prohibitory injunction restraining the defendants from taking forcible possession of a motor vehicle owned by the petitioner, purchased with the finance advanced by the first respondent company. Defendants on appearing before the court moved an application under Section 8 of the Arbitration and W.P.(C).No.20019 of 2009 - O 2 Conciliation Act 1996, contending that the civil court has no jurisdiction and the disputes as per the terms of the agreement entered into by the parties have to be resolved through arbitration. Learned Munsiff, after hearing both sides, accepting the contention raised by the defendants, dismissed the suit. Petitioner has now approached this Court with the writ petition submitting that there is threat of forcible taking over of his vehicle by the defendants, and, till such time an appeal preferred against the decision of the court below, for which he has applied for getting certified copy of the judgment, an interim order be passed, and also a further direction be issued to the court below to supply the certified copy of the judgment applied for, expeditiously. 3. I heard the learned counsel for the petitioner. Having regard to the facts and circumstances presented and also taking note of the submissions made with reference to the materials tendered with the writ petition, I find no notice to the respondents is necessary and it is dispensed with. W.P.(C).No.20019 of 2009 - O 3 4. Learned counsel for the petitioner submits that already respondents have initiated arbitration proceedings under Section 9 of the Arbitration and Conciliation Act, before the District Court for an interim attachment over the motor vehicle. If that be so, petitioner can canvass whatever defences available to him before that court in which that application has been moved. Further more, from the submissions made and also the averments made in the writ petition, the petitioner has applied only for certified copy of the judgment and not for carbon copy of the judgment, I find the petitioner is not entitled to any relief sought for in the writ petition. The writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-