BEFORE THE SOLEARBITRATOR SRI. K.

VISWANATHAN NAIR, ARBITRATION

TRIBUNAL.

A.C.No. 1065/2014

Shriram Transport Finance Co. Ltd. : Petitioner

Vs.

Mr. Raja & Ors : Respondents

AFFIDAVIT

I, Raja, aged , S/o Ahammed Shah, residing at RR Manzil, Nyarakkal, Near Erumala Temple,
Perinadu P.O., Kollam do hereby solemnly affirm and state as follows:

1. I am the 1st respondent in the abovesaid case. I am filing this petition for and on behalf of
the 2nd petitioner also.
2. The said case is sought for recovery of debt.
3. I took a Bajaj RE diesel autorickshaw numbered as KL-02-AH-4087 by hypothecating
before co.petitioner /original petitioner.
4. As per the agreement the loan period was for a period of 36 months starting from August,
2011 till 2014.
5. All along I was repaying the debt. Whileso I fell ill due to ailments and hence was unable to
drive and was under strict medication from 2013. Hence from mid 2013 onwards I was
unable to repay due the loan amount. Even then the total amount due to the co.petitioner
/original petition amounts to only Rs.70,000/-. But the co.petitioner/original petitioner is
claiming huge and exhorbitant amount as dues and same is nothing but falsehood.
6. Now my son is plying the vehicle for the subsistence of whole family. Whileso the permit of
KL-02-AH-4087 vehicle got expired on 06/09/2016 and as such the vehicle is kept idle and
my sole livelihood is under threat. Even in this instance I am ready to repay the actual dues
and the same can be possible only if I can utilize the vehicle as contract carriage, for which
permit is highly necessary.
7. Though I approached the RTO, Kollam they are not amenable to renew the contract
carriage permit solely because of the existence of this pending proceedings.
8. I am filing written statement along with this application. I have a strong case to defend and
there is every possibility for dismissing the application.
9. In the abovesaid circumstance the accompanying application may be allowed, in the
interest of justice.

Therefore the Honble court may be pleased to accept my prayer and thereby allow the
accompanying affidavit.

Dated this the 17th day of November,2016.

Deponent.

Solemnly affirmed and signed before me by the deponent whom I know personally at my
office at vanchiyoor on this the 17th day of November,2016.

Unniraja T.I.
Advocate.
 BEFORE THE SOLEARBITRATOR SRI. K.VISWANATHAN NAIR, ARBITRATION
TRIBUNAL.

I.A /2016
IN
A.C.1065/2014

1. Raja,
S/o Ahmmed Shah,
RR Manzil, : Petitioners/1st & 2nd Respondents
Nyarakkal,
Near Erumala temple
Perinadu,
Kollam.

2. Mrs. Nazeema,
D/o Abdul Azeez,
Shakeela Manzil,
Nyarakkal,
Near P.N.N. Hospital,
Perinadu P.O.,
Kollam

Vs.

Shriram Transport Finance Co. Ltd.,

First Floor, Gangothri Landmark,
Near Iron Bridge, : Co.Petitioner/Applicant
Kollam,
Represented by
P/A holder Sri. B.Balachandran

PETITION filed by Unniraja T.I., Advocate, Vanchiyoor, for and on behalf of the petitioners/1 st & 2nd
respondents in the abovesaid case under Sec.151 of C.P.C.

For the reasons stated in the accompanying petition the Hon’ble Court may be pleased to direct
Regional Transport Officer, Kollam to renew the contract carriage permit bearing no.
P.Co.2/3215/2011 of KL-02-AH-4087 Bajaj RE Diesel autorickshaw, in the interest of justice.

Dated this the 17th day of November, 2016.

Unniraja T.I.
Advocate
.
BEFORE THE SOLE ARBITRATOR SRI.
K.VISWANATHAN NAIR, ARBITRATION
TRIBUNAL.

I.A. /2016
IN
A.C.1065/2014

Mr.Raja & Ors.: PETITIONERS

V.

Shriram Transport Finance Co. Ltd.

: CO.PETITIONER

PETITION TO ISSUE CONTRACT CARRIAGE

PERMIT.

UnnirajaT.I.
Advocate

Ph:09947246269
 BEFORE THE SOLEARBITRATOR SRI. K.VISWANATHAN NAIR, ARBITRATION
TRIBUNAL.

A.C.1065/2014

Shriram Transport Finance Co. Ltd. : Petitioner

Vs.

Raja & Ors. : Respondents

OBJECTION filed by 1st and 2nd respondents in the abovesaid case.

1. All the averments in the claim petition are denied except that those are specifically admitted
hereunder.
2. The claim petition is not maintainable either in law or facts of the case.
3. Para.4 is not fully correct and hence denied. It is true that the loan period was for 36
monthly installments. The 1st respondent was regularly paying the loan amount till the
middle of 2013. The 1st respondent himself was driving the auto rickshaw and is trying his
level best to make both ends meet. Whileso the 1st respondent fell ill due to heart attack
and was unable to drive the abovesaid vehicle. This resulted in causing default to the
payment of monthly installments due to the petitioner. Even then as such only Rs.70,000/-
alone is to be paid as dues to the petitioner. The 1 st respondent has already paid more
than Rs.65,000/-. The respondent are not bound to pay Rs.1,35,447/- as alleged by the
petitioner. How the petitioner came to such an exhorbitant amount is quite unknown to the
respondent.
4. Para.5 is not correct and hence denied. No proper notice has been issued by the petitioner
to all the respondents.
5. In the light of amendments in arbitration proceedings the maintainability of the claim petition
is to be considered first.
6. The prayers in the claim petition are not allowable. This is a false, frivolous and vexatious
case and as such claim petition is liable to be dismissed with compensatory cost to the
respondents.

Therefore it is humbly prayed that this Hon’ble Court be pleased to accept this objection and
dismiss the claim petition with cost to the respondents in the interest of justice.

Dated this the 17th day of November, 2016

1st Respondent

2nd Respondent
Unniraja T.I.
Advocate

All facts above are true and correct to the best of our knowledge, information and belief..

1st Respondent

2nd Respondent
BEFORE THE SOLE ARBITRATOR SRI. K.
VISWANTHAN NAIR., ARBITRATION
TRIBUNAL.

A.C. No.1065/2014

Shriram Transport Finance Co. Ltd.:

PETITIONER

V.

Mr.Raja & Ors. : RESPONDENTS

WRITTEN STATEMENT FILED BY 1ST & 2ND

RESPONDENTS.

UnnirajaT.I.
Advocate
Ph:09947246269