O.S No. 1236/2019

Case between Mrs. Maudy D'Souza et al vs M/s. Tulsi Developers (l) Pvt. Ltd. et al regarding arbitration

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Sri. Rohit Nandakumar

Order Date

2024-07-10

Duration

Judgement document from eCourt website

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Case Summary

This case involves multiple plaintiffs, including Mrs. Maudy D'Souza and Mrs. Vivet D'Cruz, against M/s. Tulsi Developers regarding a suit that has been referred to arbitration. The court noted that the parties had previously been referred to arbitration by the Hon'ble High Court.

Judgment Outcome

Defendant Won

Interim Order

The suit has been referred to arbitration and is not maintainable in court at this time. The parties are advised to seek remedy through arbitration as per the law.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The suit was not maintainable as the matter was referred to arbitration.

Judgment Evidence:

Hence suit not maintainable at present and parties shall seek remedy at arbitration as per law.

Parties Involved

Plaintiffs

Mrs. Maudy D'Souza (61 years years) Sovan Apartments, Flat No. 401, 4th Floor, Shakthi Nagar, Hormav, Bangalore Pin - 560 043 Mrs. Vivet D'Cruz (60 years years) 18/2270, D'Cruz Villa, Kochupally Road, Thoppumpady, Kochi, Pin - 682 002 Mr. Rexy Faraira alias Joseph Matheuse Antony Peraria (57 years years) Rexy Villa, Chathanad Desom, Mullakkal Village, Ambalappuzha Taluk, Alappuzha, Pin - 683 001 Mrs. Honarine Joy (56 years years) Ranjitha, Thalayazham, Thottakam P. O., Kottayam, Pin - 686 145 Mrs. Garnet D'Silva (55 years years) 3/764 A, D'Silva Cottage, Ripon P. O., Meppadi Via, Vythiri Taluk, Wayanad, Pin - 673 577

Defendants

M/s. Tulsi Developers (l) Pvt. Ltd. (Age not specified years) VII/22B, 139, Mavelipuram, Near Sunrise Hospital, Seaport Airport Road, Kakkanad, Pin - 682 030 M/s. Tulsi Developers (l) Pvt. Ltd. (Age not specified years) VII/22B, 139, Mavelipuram, Near Sunrise Hospital, Seaport Airport Road, Kakkanad, Pin - 682 030 Mr. Thulasidas (36 years years) VII/22B, 139, Mavelipuram, Near Sunrise Hospital, Seaport Airport Road, Kakkanad, Pin - 682 030 Mr. Thulasidas (36 years years) Flat No. 2 D, Sharon Nest, Sharika Lane, Vazhakkala, Kakkanad, Pin - 682 030

Reliefs

Relief Type: Other

Outcome: Not Decided

Description:

Parties already referred to arbitration with respect to the subject matter of the suit.

Evidence:

I.A 7288/2019 closed. Parties already referred to arbitration with respect to the subject matter of the suit by Hon’ble High Court in AR 47/2020 dtd. 27.03.2023.