Kerala

Malappuram

CC/09/216

HUSSAIN. - Complainant(s)

Versus

MAHINDRA AND MAHINDRA - Opp.Party(s)

12 Oct 2009

ORDER


CIVIL STATION, MALAPPURAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/09/216

HUSSAIN.
...........Appellant(s)

Vs.

MAHINDRA AND MAHINDRA
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI 3. MOHAMMED MUSTAFA KOOTHRADAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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This complaint coming up for hearing on admission upon the question of maintainability this Forum doth order as under:

On perusal of the pleadings it is seen stated in para 2 of the complaint that opposite party has filed petition No.O.P.54/2009 before the District Court, Ernakulam under the Arbitration and Conciliation Act, 1996. on perusal of the copy of this petition in O.P.54/2009 it is evident that this complaint is filed basing upon the very same hire purchase agreement which is subject matter of the arbitration proceedings. The issue in the complaint and arbitration petition are directly and substantially the same. Since arbitration proceedings have already been initiated the matter is subjudice. Hence the complaint is not maintainable. Complaint dismissed. No costs.


 

    Dated this 12th day of October, 2009.


 

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT


 


 

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER


 


 


 




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI
......................MOHAMMED MUSTAFA KOOTHRADAN