IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 OP(C).NO. 4151 OF 2011(O) ------------------------------------- OPARB.987/2011 OF D.C. & SESSIONS COURT, ERNAKULAM PETITIONER : -------------------- MUTHOOT VEHICLE AND ASSET FINANCE LIMITED FORMERLY KNOWN AS MUTHOOT LEASING AND FINANCE LIMITED, CORPORATE OFFICE MARKET ROAD, COCHIN, REPRESENTED BY THE AUTHORIZED SIGNATORY (POWER OF ATTORNEY HOLDER), BABY SUJATHA, W/O. JAI SOORAJ, AGED 34, SAI SOORAJ, CUSTOMS COLONY, POONITHURA, TRIPPOONITHURA, ERNAKULAM. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT(S): ------------------------- 1. SHAFEEQUE M.M., S/O.ALI, MELEPANTHALINGAL HOUSE, PERUMANNA P.O., CALICUT PIN 673 026. 2. HASNA K.M., W/O.SHAFEEQUE, DO. DO. DO. DO. 3. SASI M.M. S/O. KADUNGON, MUTHUVANA MEETHAL HOUSE, PANTHEERANKAVU P.O., CALICUT PIN 673 019. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.4151 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE AGREEMENT DATED 16.3.2010. EXHIBIT P2 A TRUE COPY OF THE LOAN STATUS REPORT. EXHIBIT P3 A TRUE COPY OF THE APPLICATION UNDER SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT. EXHIBIT P4 A TRUE COPY OF THE ATTACHMENT PETITION. EXHIBIT P5 A TRUE COPY OF THE ATTACHMENT SCHEDULE. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4151 of 2011 ==================================== Dated this the 16th day of December, 2011 J U D G M E N T This Original Petition arises from O.P(Arb.) No.987 of 2011 of the court of learned District Judge, Ernakulam. It is averred that first respondent availed hypothecation facility from petitioner on 16.03.2010 to the tune of Rs.3,50,000/- with respondents 2 and 3 as guarantors, defaulted payment and at a time when petitioner apprehended that respondents are about to dispose of their properties, approached the learned District Judge with a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Petitioner filed Ext.P3, application for attachment of property of respondents pending arbitration proceeding. Petitioner also filed Ext.P4, application for conditional attachment. On that application learned District Judge ordered notice to the respondents. Grievance of petitioner is that respondents are likely to dispose of their property at any point of time. Hence this Original Petition. 2. Having heard learned counsel I am inclined to direct the learned District Judge to pass appropriate orders on Ext.P4, application for conditional attachment as early as possible having O.P(C) No.4151 of 2011 -: 2 :- regard to the grievance of petitioner. It is open to the petitioner to request learned District Judge advance hearing of Ext.P4, application as provided under law. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv