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2008 Supreme(Ker) 337

M.SASIDHARAN NAMBIAR
C. K. Muralimohan – Appellant
Versus
Asok Finance Corporation, Represented by Proprietor Asok Jain – Respondent


Advocates Appeared:For the Petitioner:Roy Chacko, Advocate. For the Respondents:R1, G. Gopakumar (Cherthala), Advocate.

Judgment :-

E.P. 25 of 2004 was instituted before District Court, Alappuzha for execution of Ext.P2 arbitration award dated 212.1999 as provided under section 36 of Arbitration and Conciliation Act, 1996. Petitioner was the surety to the second respondent who purchased an ambassador car under hire purchase agreement. The hire purchase agreement contains an arbitration clause by which all disputes are to be settled by arbitration. So also the arbitration is to be at Chennai. A Retired District Judge, who was appointed the sole arbitrator, passed Ext.P2 award on 211.1995 in favour of first respondent decree holder for realization of Rs.3,31,529/- with interest @ 18% per annum till realization. For execution of the award, E.P.25 of 2004 was filed before District Court, Alappuzha and immovable property of the petitioner was sold on 112.2005. Later the sale was confirmed on 12.2006. When the decree holder/auction purchaser sought delivery of the property and delivery was ordered, petitioner filed E.A.55 of 2007 to set aside the sale and E.A. 56 of 2007 to review the order directing delivery of the property. The petitioners were originally dismissed by Additional District Judge, Alappuzha



















































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