IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19391 of 2010(O) -------------------------- OP(ARBITRATION) NO.170/2010 of DISTRICT COURT,KOLLAM .................... PETITIONER(S): --------------- J.ARAVINDAN, S/O.JANARDHANAN, RESIDING AT VASANTHALAYAM, THAMARAKULAM, KOLLAM-01. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- 1. M/S.SHRIRAM TRANSPORT FINANCE CO. LTD., NASEEMA COMPLEX, HOSPITAL ROAD, KOLLAM-1. 2. THE BRANCH MANAGER, KTDFC, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.19391 of 2010 -------------------------------------- Dated this the 22nd day of June, 2010. JUDGMENT Petitioner seeks a writ in the nature of prohibition or such other writ to restrain learned Additional District Judge (Wakf Board), Kollam from proceeding with E.P.No.97 of 2009 in execution of the award in Arbitration Case No.6 of 2007 until appropriate orders are passed by the learned District Judge, Kollam on Ext.P4, application in Arbitration O.P.No.170 of 2010. According to respondent No.1 petitioner and his wife entered into a lease agreement with it concerning a stage carriage belonging to the petitioner, petitioner and his wife committed default in payment of installments and thereon in accordance with the relevant clause in the agreement respondent No.1 referred the matter to the Arbitrator who passed Ext.P1, award which respondent No.1 is executing in the court of learned Additional District Judge. A warrant of arrest has been issued to the petitioner. In the meantime, petitioner has filed Ext.P2, petition before learned District Judge to set aside the award. Along with that there is an application to condone the delay in filing that petition. Stay of execution of award has also been sought for. Notice on the applications has been issued to respondent No.1 and those applications are posted on 30.07.2010. In the meantime, executing court has ordered arrest warrant against petitioner. He has filed E.A.No.162 of 2010 in the executing court to recall the warrant. That application is posted on 29.06.2010, learned counsel states. It is the request of WP(C) No.19391/2010 2 learned counsel that the execution of award may be stayed until learned District Judge passes appropriate orders on the application for stay filed along with the petition to set aside the arbitraral award. 2. As per the submission of learned counsel E.A.No.162 of 2010 filed in the executing court to recall the warrant of arrest is posted on 29.06.2010. Having regard to the circumstances, I direct that execution of warrant against petitioner will stand in abeyance till 29.06.2010. It will be open to the petitioner to request the executing court to dispose of E.A.No.162 of 2010 as expeditiously as possible. Resultantly this Writ Petition is disposed of directing that warrant of arrest issued against petitioner will stand in abeyance till 29.06.2010. Petitioner can request the executing court to dispose of E.A.No.162 of 2010 as expeditiously as possible. THOMAS P.JOSEPH, Judge. cks