SHAJU MATHEW M. Vs. MUTHOOT VEHICLE AND ASSETS FINANCE LIMITED, CORPORATION OFFICE, MUTHOOT BHAVAN, K.P. VALLON ROAD, KADAVANTHRA, KOCHI 16, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MADHU E

JUDGEMENT

(1.) Heard both sides.

(2.) Petitioner is the judgment debtor in Ext.P3 execution petition filed before the Additional District Court-VI, Ernakulam for executing Ext.P1 arbitration award passed in favour of the respondent. The contention of the petitioner is that Ext.P3 is the second petition for execution and it was filed during the pendency of Ext.P2 execution petition filed before the District Court, Thrissur. It is therefore contended by the petitioner that Ext.P3 application is filed without any jurisdiction and it is not maintainable before the Additional District Court-VI, Ernakulam. It is further contended that Exts.P4 and P5 are the counter statements filed by the petitioner to Ext.P3 execution petition and an execution application, filed for attachment of movable property belonging to the petitioner. Ext.P6 is the petition for stay filed by the petitioner. Ext.P7 is the application filed by the respondent to depute Amin to break open the room where the machineries in the printing press of the petitioner are kept. Ext.P8 is another application filed by the respondent seeking police help at the time of Amin's inspection. Exts.P9 and P10 are the counter statements filed by the petitioner in the above mentioned applications.

(3.) Learned counsel for the petitioner contended that Ext.P3 execution petition is not maintainable for many reasons. Firstly, the respondent/decree holder has chosen to file an execution petition before the District Court, Thrissur for executing the award passed in their favour and therefore, they cannot file another application for executing the same award before the Additional District Court-VI, Ernakulam. In answer to this contention, learned counsel for the respondent submitted that he has withdrawn the execution petition filed before the District Court, Thrissur, after filing the execution petition before the Additional District Court-VI, Ernakulam. Still the question of maintainability of the later execution petition deserves a probe.