IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 26034 of 2010(O) -------------------------- EP.140/2009 of DISTRICT COURT,THIRUVANANTHAPURAM .................... PETITIONER(S): --------------- THYAGU, S/O. UPENDRAN, AGED 45 YEARS, CHANDU NIVAS, NJEKKAD, KADASSERIKONAM P.O., VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): --------------- M/S. SUNDARAM FINANCE LTD., HAVING REGISTERED OFFICE AT NO.21, PATULLOS ROAD, CHENNAI-600 002, REPRESENTED BY K.NANDAKUMAR, BRANCH MANAGER, THIRUVANANTHAPURAM-695 001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.26034 of 2010 -------------------------------------- Dated this the 15th day of September, 2010. JUDGMENT Respondent No.1 in E.P.No.140 of 2009 of the court of learned District Judge, Thiruvananthapuam is the petitioner before me. An arbitration award is sought to be enforced in execution. The certificate for execution of the award was transmitted to the executing court from the court of learned City Civil Judge, Chennai. Petitioner states that he had no notice of the arbitration proceeding. Nor did he get a signed copy of the award. In the meantime, his property has been attached by the executing court. He wants time to approach the court concerned to set aside the exparte award. Hence this Writ Petition seeking stay of execution of award in E.P.No.140 of 2009. It is contended by learned counsel that since property is attached unless some time is granted executing court may proceed against the attached property. It is open to the executing court to grant time or postpone further proceedings if circumstances warranted. There is no reason why this Court should interfere under Article 227 of the Constitution. Hence without prejudice to the right of petitioner to move executing court for appropriate reliefs, Writ Petition is closed. THOMAS P.JOSEPH, Judge. cks