The reliefs sought for in this original petition are as follows: i) To call for the records of E.P.97/2013 of Ivth Additional District Court, Pathanamthitta and declaring that the execution petition is premature and not maintainable.
ii) To pass an order directing the Ivth Additional District Court, Pathanamthitta to pass orders in the E.P.97/2013 and the connected Execution Applications EA.132/14, 164/14 and 165/14 within a reasonable time.
2. The facts absolutely necessary for the disposal of the original petition are as follows:
An arbitration award was challenged before the District Court, Ernakulam under Section 34 of the Arbitration and Conciliation Act, 1996 and Ext.P2 order has been passed by the said court. The grievance of the petitioner is that notwithstanding the fact that execution of the award has been O.P.(C) No.2557/2014 2 stayed as per Ext.P2, execution proceedings has been taken before the District Court as per E.P.No.97/2013. The petitioner points out that he has filed three E.As namely, E.A Nos.132/14, 164/14 and 165/14 for various reliefs, among which, E.A.164/14 is regarding the maintainability of the E.P., E.A.132/14 is for return of documents and E.A.165/14 is for lifting the attachment. The grievance is that even though these petitions have been heard on merits and argument notes have been submitted, no orders have been passed by the court concerned. It causes irreparable loss and injury to the petitioner since, according to the petitioner, the execution petition itself is not maintainable.
3. In the nature of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.
4. Since the only relief sought for is for early disposal of the E.As in which the argument notes have already been submitted, there is no reason as to why the prayer should be rejected.
In the result, this original petition is allowed. There will be a direction to the 4th Additional District Court, Pathanamthitta to O.P.(C) No.2557/2014 3 take up the E.As made mention of earlier and dispose of them on merits as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
P.BHAVADASAN JUDGE smp