IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 OP(C).NO. 3963 OF 2011(O) ----------------------------------------- AGAINST THE ORDER DATED IN EP.24/2010 IN AR.128/2009 OF DISTRICT COURT, PALAKKAD .................... PETITIONERS/JUDGEMENT DEBTORS/RESPONDENTS -------------------------------------------------------------------------------- 1. MS.SIBI PRIYADARSHINI, D/O.MADHAVAN, PATTARUMADATHIL HOUSE, MANNARKKAD, PALAKKAD. 2. MR.SANTHOSH KUMAR, S/O.MADHAVAN, PATTARUMADATHIL HOUSE, MANNARKKAD, PALAKKAD. BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S): DECREE HOLDER/CLAIMANT --------------------------------------------------------------------- MUTHOOT VEHICLE AND ASSET FINANCE LTD (FORMERLY MUTHOOT LEASING AND FINANCE LTD.), BANERJI ROAD, ERNAKULAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3963 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION DATED 4/9/11. EXT.P2 TRUE COPY OF THE PETITION DATED 24/11/11. EXT.P3 TRUE COPY OF THE STAY PETITION DATED 4/9/11. EXT.P4 TRUE COPY OF EA.24/2010 IN AR.NO.128/2009. EXT.P5 TRUE COPY OF THE OBJECTION. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3963 of 2011 ==================================== Dated this the 07th day of December, 2011 J U D G M E N T Petitioners are the judgment debtors in E.P. No.24 of 2010 of the court of learned Principal District Judge, Palakkad where the award in A.R. No.128 of 2009 is being executed. Petitioners say that they have filed Ext.P1, petition in the court of learned District Judge, Ernakulam under Section 34 of the Arbitration and Conciliation Act (for short, “the Act”) to set aside the award on various grounds along with Exts.P2 and P3, applications to condone the delay and for stay of execution proceedings. Those proceedings are pending consideration, it is submitted. In the meantime respondent is proceeding against property of petitioners and the sale was scheduled to be held on 18.11.2011 but it was adjourned to another day. Petitioners have preferred Ext.P5, objection to the execution petition. Petitioners seek a direction to the learned District Judge, Ernakulam to dispose of Exts.P1 to P3 as early as possible and in the meantime to keep the execution proceedings in abeyance. It is contended that petitioners have valid grounds to get the award set aside. O.P(C) No.3963 of 2011 -: 2 :- 2. Disposal of Ext.P1, petition may take time. But Exts.P2 and P3, application for condonation of delay and stay of execution proceedings, respectively are to be disposed of as early as possible after preliminary steps are over. 3. Having regard to the circumstances stated I am inclined to direct that sale of property of petitioners will stand adjourned to a day after two months from the date the sale is scheduled to be held but subject to conditions. Resultantly, Original Petition is disposed of as follows: (a) Learned District Judge, Ernakulam is directed to expedite disposal of Exts.P2 and P3, applications for condonation of delay and stay of execution proceedings filed by the petitioner in Ext.P1, petition under Sec.34 of the Act if preliminary steps in those applications are over bearing in mind that execution proceedings are pending. (b) It is directed that sale of the property of petitioners in E.P. No.24 of 2010 of the court of learned Principal District Judge, Palakkad shall stand adjourned to a day after two months from O.P(C) No.3963 of 2011 -: 3 :- the date on which the sale is now scheduled to be held or till learned District Judge, Ernakulam, disposes of Ext.P3, application for stay, whichever is earlier. (c) Petitioners are directed to deposit in the executing court for payment to the respondent (subject to the result of the petition to set aside the award) Rs.50,000/- (Rupees Fifty thousand only) within one month from this day. (d) Petitioners are directed to file affidavits in the executing court without prejudice to their contentions in Ext.P1, petition before the time scheduled for sale waiving fresh proclamation for such sale. (e) In case any of the above conditions is not complied, it will be open to the executing court to proceed with sale of the property. THOMAS P. JOSEPH, JUDGE. vsv