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Judgment
N. Nagaresh, J
The petitioner has approached this Court seeking to direct the respondent to return the original Power of Attorney (Ext.P1) to the petitioner
forthwith by retaining the copy of the same, enabling the petitioner to challenge an Award before the District Court, Kozhikode effectively.
The petitioner would state that he is the Power of Attorney holder of Sri. Niyasudheen, who is owner of vehicle bearing No.KL-57Q-6815, which is
registered with the respondent. In connection with a hearing conducted by the respondent, the Power of Attorney was produced for verification. The
original Power of Attorney was retained by the respondent and was not returned to the petitioner.
The petitioner, as a Power of Attorney holder of Niyasudheen, filed O.P. under Section 34(2) of the Arbitration and Conciliation Act, 1996, before
the Sub Court, Kozhikode. However, the said O.P. is not being numbered as the petitioner has not produced the original Power of Attorney before the
registry of the court. Thereupon, the petitioner submitted Ext.P4 application to the respondent seeking return of the original Power of Attorney.
However, the respondent has not responded to the request. Hence, the petitioner is before this Court.
Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
It is not in dispute that the petitioner has submitted the original of Ext.P1 Power of Attorney, to the respondent. As the petitioner can file original
petition before the Sub Court, Kozhikode invoking Section 34(2) of the Arbitration and Conciliation Act, 1996 on behalf of Niyasudheen only with the
production of the original Power of Attorney, the respondent cannot further retain the said Power of Attorney. It will amount to preventing the
petitioner and the said Niyasudheen from approaching competent court to enforce legal right.
In the circumstances, the writ petition is disposed of directing the respondent to retain a copy of Ext.P1 Power of Attorney and return the original
Power of Attorney to the petitioner, within a period of two weeks.