Kerala High Court

OP(C)/514/2023 of SANTHOSH M.K Vs MUTHOOT VEHICLE AND ASSET FINANCE LTD on 13 March 2026

COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 OP(C) NO. 514 OF 2023 E.P.NO.358/2016 IN ARBITRATION CASE NO.108/2009 OF ADDITIONAL DISTRICT COURT-I, KOTTAYAM PETITIONER/JUDGMENT DEBTOR NO.1/1 ST RESPONDENT:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945

OP(C) NO. 514 OF 2023

E.P.NO.358/2016 IN ARBITRATION CASE NO.108/2009 OF

ADDITIONAL DISTRICT COURT-I, KOTTAYAM

PETITIONER/JUDGMENT DEBTOR NO.1/1

ST RESPONDENT:

SANTHOSH M.K.,

AGED 41 YEARS,

S/O KUNHUNNI, PANATHITTAYIL HOUSE,

SHANMUKHAPURAM, LALSALAM ROAD, PACHALAM, ERNAKULAM – 682 012

BY ADVS.

P.SIVARAJ

M.MEHAR FARSANA

RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR 2 AND 3/CLAIMANT &

RESPONDENTS 2 AND 3:

MUTHOOT VEHICLE AND ASSET FINANCE LTD.,

MUTHOOT CHAMBERS, KURYAN TOWERS,

BANERJI ROAD, ERNAKULAM, KOCHI-682 018

REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND SENIOR

BUSINESS EXECUTIIVE MR.GIRISHMON N.K., S/O KRISHNANKUTTY, AGED 44 YEARS, RESIDING AT NEDUMKALAYIL HOUSE, POOVAMTHURUTHU, PANACHIKKAD VILLAGE, KOTTAYAM TALUK.

MR. KUNJUNNI KUNJAN,

S/O KUNJAN, MOOLEPARAMBIL HOUSE,

KATTAMBAKK PO, NJEEHOOR, KADUTHURUTHY,

KOTTAYAM DISTRICT- 686 612

MR. AYOOD,

S/O MOIDEEN KUTTY,

NALUKANDATHIL HOUSE,

KARUKAPILLY, ELAMAKKARA PO,

ERNAKULAM- 682 028

BY ADV SABU S -FOR R1

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The matter has been settled in mediation. Hence, the original petition has become infructuous. The original petition will stand dismissed as infructuous. Sd/- P.SOMARAJAN JUDGE rkr-08/06

Page 1 of 2

APPENDIX OF OP(C) 514/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE EP NO.358/2016 FILED BY THE DECREE HOLDER IN ARBITRATION CASE NO.108/2009 BEFORE ADDITIONAL DISTRICT COURT- I, KOTTAYAM AND NOTICE TO THE PETITIONER HEREIN/RESPONDENT ISSUED BY THE ADDL. DISTRICT COURT-I, KOTTAYAM. Exhibit P2 A TRUE COPY OF THE AWARD DATED 10.10.2009 PASSED BY THE SOLE ARBITRATOR IN ARBITRATION REFERENCE NO.108/2009 IN THE MATTER OF ARBITRATION AND CONCILIATION ACT, 1996. Exhibit P3 A TRUE COPY OF THE SALE CERTIFICATE DATED 20.02.2020 ISSUED BY ADDL. DISTRICT JUDGE-I, KOTTAYAM. Exhibit P4 A TRUE COPY OF THE EA NO.1/2021 IN EP NO.358/2016 IN ARBITRATION CASE NO.108/2009 FILED BEFORE THE ADDL. DISTRICT COURT-I, KOTTAYAM BY THE CLAIMANT / RESPONDENT. RESPONDENTS EXHIBIT NIL TRUE COPY P.A.TO JUDGE

Page 2 of 2

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead