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O.S No. 21/2025

Case between Sareena Azeem vs Tata Motors Finance Limited et al regarding maintainability of the suit

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-07-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sareena Azeem filed a suit against Tata Motors Finance Limited and others for a permanent prohibitory injunction to prevent repossession of property. The defendants challenged the maintainability of the suit due to an existing arbitration agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court dismissed the defendants' petition challenging the maintainability of the suit, stating that the issue should be decided during the trial process. The defendants' argument regarding jurisdiction was also rejected.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the defendants' petition challenging the maintainability of the suit, stating that the issue should be decided during the trial process. The defendants' argument regarding jurisdiction was also rejected.
Why Plaintiff Won:
The issue of maintainability must be determined during trial based on evidence, not at the preliminary stage.
Losing Side's Weaknesses:
The issue of maintainability must be determined during trial based on evidence, not at the preliminary stage.
Supporting Evidence
The maintainability is challenged mainly on the ground that an arbitrator had been appointed pursuant to the arbitration clause and that the arbitrator has passed an award. But such an aspect is one that is to be decided on the trial, upon evidence.

Judgment Evidence:

In the result, the IA stands dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sareena Azeem
Party Age
49
Relation
W/o
Party Role
Defendant
Party Name
Tata Motors Finance Limited
Party Role
Defendant
Party Name
Mr. Vimal
Party Age
38
Party Role
Defendant
Party Name
Jithin
Party Age
38
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
P. Fazil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Saju Thaliath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jithin Paul Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Prabitha C
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Fadil Fazil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aswathy Jayachandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Peter M. Paul
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The suit is filed praying for decree of permanent prohibitory injunction restraining the defendants from forcefully repossessing the plaint schedule property.
Evidence:
In the result, the IA stands dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sareena Azeem vs Tata Motors Finance Limited et al regarding maintainability of the suit
Case Code Year
Case between Sareena Azeem vs Tata Motors Finance Limited et al regarding maintainability of the suit

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

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