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2009 Supreme(Ker) 569

S.S.SATHEESACHANDRAN
Metro Silks and Sarees, North Junction, Chalakudy Represented by Prop: M. J. Tomy – Appellant
Versus
Darpan Traders – Respondent


Advocates Appeared:For the Petitioner:T.N. Manoj, Advocate. For the Respondent:R. Muralidharan (Aroor), Advocate.

Judgment :

Writ petition is filed seeking the following reliefs.

i) Issue appropriate writ in the form of Certiorari and quash Ext.P2

ii) Issue such other appropriate writ order or direction that this honorable court deems fit to grant in the course of the proceedings.

2. Petitioner is the judgment debtor in E.P 247 of 2008. The above execution petition was filed to execute an award passed in arbitration by the Mumbai Textile Merchants Mahajan in an arbitration case No.20/2005-2006 at Mumbai. The award was transferred for execution to the District Court, Trichur from High Court of Mumbai. The learned District Judge, Trichur receiving such transfer made over the award to the Principal Sub Court, Irinjalakuda within the jurisdiction of which the defendant carried his business.

The judgment debtor receiving notice of the proceedings from that court appeared and filed objections contending that the execution of the award can be proceeded only by the District Court and not by an inferior court. The learned Sub Judge negatived the objections holding that court is fully competent to execute the award. Ext.P2 is the copy of that order. Propriety and correctness of ext.P2 order is impeached




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