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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
M/S. MABEN NIDHI LTD. – Appellant
Versus
SREEDEVI N.V. – Respondent
| Table of Content |
|---|
| 1. nature of the case and execution petition. (Para 1 , 4) |
| 2. arguments presented by both parties. (Para 2 , 5) |
| 3. court's decision on notice requirements. (Para 3) |
| 4. justification of arbitrator's appointment via consent. (Para 6) |
JUDGMENT
(Dated this the 25th day of November, 2025)
This petition is filed by the petitioner/decree holder by challenging the order dated 18.11.2023 passed by the Additional District Judge, N. Paravur, in EP No.32/2020 in Arbitration proceedings, ACP No.1/2020, for having dismissed the execution petition filed by the petitioner.
2. Heard the arguments of the learned counsel for the petitioner.
3. The respondents were ex-parte before the execution court. Hence, issuing notice to the respondents is hereby dispensed with.
4. The case of the petitioner is that the respondents borrowed a loan from the petitioner and defaulted in payment. Hence, the petitioner raised arbitration proceedings before the Sole Arbitrator, Sri. O.V. Rajeev, Advocate from Thrissur and an award has been passed by the Sole Arbitrator in ACP No.1/2020, wherein an award has been passed on 20.04.2020. Subsequently, for execution of the award, EP filed before the Additional Dist
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