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EXECUTION PETITION NO. 138 OF 2018

Case between Yogakshemam Loans Ltd., Puthanathani Branch Manager vs Muhammed Shafi regarding Arbitration Award execution

Court
MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-12-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Petition for executing an arbitration award dated 31-03-2018 against Muhammed Shafi for unpaid amount.

Judgment Outcome

Partial Relief
Interim Order
Execution petition not maintainable in Munsiff Court, to be filed in proper court.
Judgment Favored
Unknown
Relief Granted
Case Type
Execution Petition
Final Judgment
No
Execution petition not maintainable in Munsiff Court, to be filed in proper court.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Yogakshemam Loans Ltd.
Party Role
Defendant
Party Name
Muhammed Shafi
Party Age
42
Relation
S/o. Saidalavi
Plaintiffs Documents
Defendants Documents

Advocates

Documents & Evidence

Document Type: Arbitration Award
Submitted By: Unknown
Relevance:
The application is for execution of this award under Order XXI, Rule 64 & 66 of the Civil procedure Code
Reference:
Document Type: Sundaram Finance Ltd. V. Abdul Samad and Another (AIR 2018 SC 965)
Submitted By: Unknown
Relevance:
Referred by the learned counsel for the petitioner
Reference:
Document Type: Bhoomatha Para Boiled Rice (M/s.) and Oil Mill V. M/s. Maheshari Trading Company and Others (AIR 2010 AP 137)
Submitted By: Unknown
Relevance:
Referred by the learned counsel for the petitioner
Reference:
Document Type: Mahesh B. Shah V. Joseph, (2005 (3) KLT 787)
Submitted By: Unknown
Relevance:
Referred by the Hon'ble High Court of Kerala
Reference:
Document Type: ICDS Ltd. V. Mangala Builders Pvt. Ltd., (AIR 2001 Kar. 364)
Submitted By: Unknown
Relevance:
Referred by the Hon'ble High Court of Karnataka
Reference:
Document Type: Metro Silks and Sarees V. Darpan Traders (2009 (3) KLT 916)
Submitted By: Unknown
Relevance:
Referred by the Hon'ble High Court of Kerala
Reference:

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Yogakshemam Loans Ltd., Puthanathani Branch Manager vs Muhammed Shafi regarding Arbitration Award execution
Case Code Year
Case between Yogakshemam Loans Ltd., Puthanathani Branch Manager vs Muhammed Shafi regarding Arbitration Award execution

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 12/01/2019 - 12:00
To
Tue, 12/31/2019 - 12:00
Outcome Confidence
50%

Involved Entities

Bank

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