PARTHASARADHY PROPERTIES PVT LTD Vs. TATA CAPITAL LTD

JUDGEMENT

(1.) THIS petition is in challenge of order dated 22.09.2010 passed by the learned Additional District Judge-IV, Ernakulam on I.A.No.4621 of 2010 in Arbitration O.P.No.1835 of 2009. Petitioner had availed a loan from respondent No.1. Respondent No.1 filed Arbitration O.P.No.1835 of 2009 in the court of learned Additional District Judge for an order to restrain petitioner obstructing respondent No.1 from taking possession of the vehicle. That order was granted and the vehicle was taken possession by respondent No.1. Later the court has passed Ext.P3, order dated September 22, 2010 permitting respondent No.1 to sell the vehicle after making proper paper publication. Learned counsel states that it is from the paper publication that petitioner learnt about sale of vehicle scheduled on 30.11.2010. But it is seen from Ext.P3, order that the said order was passed on September 22,2010 at a time when petitioner was represented by counsel. Learned counsel has no case that petitioner was not aware of the order dated 22.09.2010. Now this petition is filed on 29.11.2010. Petitioner could have challenged Ext.P3, order within a reasonable time. If petitioner has any other grievance it is open to it to raise that before the court concerned and seek adjournment of sale if petitioner is otherwise entitled that course. With the above direction this petition is closed.