Case Summary
Sareena Azeem filed a suit against Tata Motors Finance Limited and others for a permanent prohibitory injunction to prevent repossession of property. The defendants challenged the maintainability of the suit due to an existing arbitration agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The issue of maintainability must be determined during trial based on evidence, not at the preliminary stage.
The issue of maintainability must be determined during trial based on evidence, not at the preliminary stage.
Judgment Evidence:
In the result, the IA stands dismissed.
Parties Involved
Plaintiffs
Sareena Azeem (49 years)
Kaderi House, 46/653, Mulakayil Road, Edappally South, Elamakkara, Puthukkalavattom, Ernakulam – 682 026 Now residing at Kaderia House, Peringala P.O, Ernakulam, Pin - 683 565
Defendants
Tata Motors Finance Limited (Age not specified years)
H.C Dinshaw Building, Office No. 14, 4th Floor, 16 Horniman Circle, Fort, Mumbai-4000001
Mr. Vimal (38 years)
Josh Centre, 3rd Floor, XII/621AA5, Infopark Road, Kakkanad, Pin – 682 030
Jithin (38 years)
Josh Centre, 3rd Floor, XII/621AA5, Infopark Road, Kakkanad, Pin – 682 030
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The suit is filed praying for decree of permanent prohibitory injunction restraining the defendants from forcefully repossessing the plaint schedule property.
Evidence:
In the result, the IA stands dismissed.