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Samagra Vikas Social Service

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

The petitioners suffered an Award as is evident from Ext.P1 produced along with this petition. That Award was challenged before the District Court, Alappuzha under Section 34 of the Arbitration and Conciliation Act. 2. Learned counsel appearing for the petitioners pointed out that the District Court, Alappuzha called for records from the Arbitrator and in spite of repeated summons, records were not produced and it so happened that the petition seeking to have the Award set aside was dismissed for default. Then the person who obtained the Award sought to enforce the decree by way of personal execution. Arrest warrant was issued against the 2nd petitioner herein and he appeared before court and sought time till 05.01.2015.
3. The petitioners now point out that they have filed two petitions namely, Exts.P4 and P5 seeking to have the petition O.P.(C) No.3057/2014 2 challenging the Award restored to file after condoning the delay. The prayer is that till those petitions are disposed of by the District Court, Alappuzha, coercive steps may not be taken as against the petitioners.
4. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
This original petition is disposed of directing that Ext.P3 shall be kept in abeyance till the District Court, Alappuzha disposes of Exts.P4 and P5 petitions.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Samagra Vikas Social Service

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • P Bhavadasan
Advocates
  • K S Hariharaputhran Sri George
  • Mathew Sri Sunil
  • Kumar A G