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O.S No. 1/2026

Case between Dr. Shihad et al vs IIDL Aerie Apartment Owners Association et al regarding arbitration dispute

Court
THE COURT OF THE PRINCIPAL MUNSIFF
Judge
Sri. Rohit Nandakumar
Order Date
2026-01-14
Duration
approximately-0 years 0 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a dispute between the plaintiffs, who are members of an apartment owners association, and the defendants, the association and its secretary, regarding whether the dispute is subject to arbitration as per the association's bylaws. The plaintiffs argue that no binding arbitration agreement exists, while the defendants maintain that the matter should be referred to arbitration.

Judgment Outcome

Defendant Won
Interim Order
The court has allowed the defendants' petition for arbitration, deciding that the dispute falls under the arbitration clause of the association's bylaws.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court has allowed the defendants' petition for arbitration, deciding that the dispute falls under the arbitration clause of the association's bylaws.
Key Reasoning:
The court found that the dispute is governed by the arbitration clause per the association's bylaws.
Why Defendant Won:
Not available
Supporting Evidence
The notarized copy of bylaw is produced. The said copy is marked as Ext A1 for the purpose of consideration of this petition. The facts as born out in the pleadings of the case and reliefs that are sought for are those that evidently come in relation to a dispute in respect of the functions being carried out by the association, which is therefore governed under clause 37 of Ext A1.

Judgment Evidence:

Hence, I am of the opinion that it is evident that the suit at hand is one that deals with a subject matter that is covered under the arbitration clause and that the parties are therefore to be referred to arbitration under Section 8(1) of Arbitration and Conciliation Act, 1996 and that the suit cannot be proceeded with any further.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dr. Shihad
Relation
S/o
Party Role
Plaintiff
Party Name
Basheera Bashher
Relation
W/o
Party Role
Defendant
Party Name
IIDL Aerie Apartment Owners Association
Relation
Represented by
Party Role
Defendant
Party Name
Sherry D' Couto
Plaintiffs Documents
Notorized copy of the bylaw dated 07.12.2018
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Philip T. Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T. Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Achu Shubha Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amala Purushothaman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kallyani G. Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Yaamin A. Mohamed
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Neha Susan Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Varsha George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
George Sebastian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Antony Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aditya T. P
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The parties are referred to arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996.
Evidence:
Hence, I am of the opinion that it is evident that the suit at hand is one that deals with a subject matter that is covered under the arbitration clause and that the parties are therefore to be referred to arbitration under Section 8(1) of Arbitration and Conciliation Act, 1996 and that the suit cannot be proceeded with any further.

Documents & Evidence

Document Type: Notarized Copy of Bylaw
Submitted By: Plaintiff
Relevance:
This document was produced to establish the arbitration clause binding the parties.
Reference:
Ext A1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Arbitration agreement
Case Code
Case between Dr. Shihad et al vs IIDL Aerie Apartment Owners Association et al regarding arbitration dispute
Case Code Year
Case between Dr. Shihad et al vs IIDL Aerie Apartment Owners Association et al regarding arbitration dispute

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
75%

Involved Entities

Apartment Owners Association

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