SUNDARAM FINANCE LTD Vs. M K KHUNHABDULLA

JUDGEMENT

(1.) The Appellant/Applicant has focussed the instant Original Side Appeal as against the order, dated 09.04.2013, in Application No.268 of 2013, passed by the Learned Single Judge, in dismissing the said Application.

(2.) The Learned Single Judge, while passing the common order in A.Nos.111, 268 and 360 of 2013, on 09.04.2013, in paragraph 15, has observed that 'The averments made by the applicant in mechanical manner does not make out any case for furnishing of security, when the loan is already secured, and it shall be open to the applicant to enforce the security after the award attains finality' and finding no merit and ultimately, dismissed the Applications.

(3.) The Learned Counsel for the Appellant/Applicant contends that the order of the Learned Single Judge in dismissing the A.No.268 of 2013 dated 09.04.2013 requires reconsideration because of the reason that the said order overlooks the established legal principles touching upon the creation and enforcement of Hypothecation of Goods.