IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 13988 of 2009(O) -------------------------- OP.95/2008 of DISTRICT COURT, KASARAGOD .................... PETITIONER(S): ------------------------ SHRIRAM TRANSPORT FINANCE CO.LTD., (FORMERLY KNOWN AS SHRIRAM INVESTMENTS LTD),HAVING ITS REGISTERED OFFICE AT 123, ANGAPPA NAICKEN STREET, CHENNAI, REPRESENTED BY POWER OF ATTORNEY HOLDER SRI.VENUGOPALAN P.T.,LEGAL CONSULTANT, M/S.SHRIRAM TRANSPORT FINANCE CO.LTD.,SREEPADAM BUILDING, CHEROOTY ROAD, CALICUT. BY ADV. MR.RAJESH NAMBIAR RESPONDENT(S): --------------------------- 1. MOHAMMED SAHIB, S/O.G.BEEGUM, KING QUARTERS, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASARAGOD. 2. AKTHAN HUSSAIN, S/O.G.BEEGUM, MUMTAZ MAHAL, OPP.JUMA MASJID, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASARAGOD. 3. MASUDHA BANU, D/O.G.BEEGUM, KING QUARTERS, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASASRAGOD. 4. ZAKEER HUSSAIN, S/O.G.BEEGUM, MUMTAZ MAHAL, OPP.JUMA MASJID, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASARAGOD. Kss ..2/- ...2.... WPC.NO.13988/2009 O 5. RASHEEDA BANU, D/O.G.BEEGUM, MUMTAZ MAHAL, OPP.JUMA MASJID, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASARAGOD. 6. MOIDEEN SAHIB, S/O.G.BEEGUM, BUS OPERATOR, VIDYANAGAR P.O., KASARAGOD. 7. VAHEEDA RAHIMAN, D/O.G.BEEGUM, KING QUARTERS, PANNIPARA, MUTHATHODY P.O., KUDLU VILLAGE, KASARAGOD. 8. SAHIDA BANU, D/O.G.BEEGUM, BENGACHERY HOUSE, AJANOOR VILLAGE, CHETHARY P.O., HOSDURG TALUK, KASARAGOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.13988 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 2nd June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India seeking the following reliefs: 1. To issue a writ of mandamus or any other writ, order or direction directing the Principal District Judge, Kasaragod to expeditiously hear and pass order on Ext.P1 application pending before it. 2. Grant such other relief as may be prayed for as this Hon'ble Court may deem fit in the circumstances of the case. The petitioner, a finance company has moved application under Section 9 of the Arbitration and Conciliation Act, 1996 before the Principal District Judge, Kasaragod in respect of a claim arising out of a transaction with one Beegum, principal borrower and the first respondent as the guaranteer. Principal borrower is stated to be no more and respondents 2 to 8 in the petition are her children. The grievance of the petitioner is that along with the petition, it has moved an application for interim attachment before judgment of the properties belonging to the respondents. But, even after lapse of several months, the application is not taken up for consideration. Petitioner has, therefore, filed the Writ Petition invoking the W.P.C.No.13988/09 - 2 - supervisory jurisdiction of this court for issuing a direction to the Principal District Judge, Kasaragod to hear and dispose the application for interim attachment before judgment, a copy of which is produced as Ext.P1, as expeditiously as possible. 2. I heard the learned counsel for the petitioner. It is submitted that service is complete in the petition filed before the court below. Having regard to the submissions made by the counsel and taking note of the facts and the circumstances involved, I direct the learned Principal District Judge, Kasaragod to hear and dispose Ext.P1 application as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE