K. Jayakumar vs M. Balakrishna Pillai

K.T. Sankaran, J.—The Petitioner is the judgment debtor in ARC. Nos. 8 and 9 of 2007. The awards passed by the Arbitrator in those cases were put in execution before the Sub Court, Neyyattinkara in E.P. Nos. 71 of 2009 and 9 of 2009 respectively.

The contention of the Petitioner is that the awards were passed in favour of Jaya Gopakumar Chits Pvt. Ltd., while the Execution Petitions were filed by M. Balakrishna Pillai in his individual capacity, though he is the Managing Director of the aforesaid Company. The Petitioner contends that the Execution Petitions are not maintainable in law. It is stated that the Petitioner filed objections before the executing court stating that the Execution Petitions are not maintainable.

The relief prayed for in the Original Petition is to direct the Subordinate Judge''s Court, Neyyattinkara not to proceed with the aforesaid Execution Petitions on the ground that the Respondent has no locus standi to institute the Execution Petitions.

The Petitioner having challenged the maintainability of the Execution Petitions, the said objection is to be dealt with by the executing court. There is no case for the Petitioner that the executing court passed any order rejecting the contentions put forward by the Petitioner. At this stage, the Petitioner is not entitled to approach the High Court invoking the jurisdiction of this Court under Article 227 of the Constitution of India.

For the aforesaid reasons, the Original Petition is dismissed.