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
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
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.
Key Reasoning:
The suit was not maintainable as the matter was referred to arbitration.
The suit was not maintainable as the matter was referred to arbitration.
Why Defendant Won:
The suit was not maintainable as the matter was referred to arbitration.
The suit was not maintainable as the matter was referred to arbitration.
Supporting Evidence
The court noted that the matter had already been referred to arbitration by the Hon’ble High Court, making the suit not maintainable.
Judgment Evidence:
Hence suit not maintainable at present and parties shall seek remedy at arbitration as per law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Maudy D'Souza
- Party Age
- 61
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Vivet D'Cruz
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mr. Rexy Faraira alias Joseph Matheuse Antony Peraria
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Honarine Joy
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mrs. Garnet D'Silva
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M/s. Tulsi Developers (l) Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- M/s. Tulsi Developers (l) Pvt. Ltd.
- Relation
- represented by its Managing Director, Mr. Tulsidas
- Party Role
- Defendant
- Party Name
- Mr. Thulasidas
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Thulasidas
- Party Age
- 36
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Innocent Francis Papali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen K. Joy
- Appearance Type
- Main Counsel
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.
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 Mrs. Maudy D'Souza et al vs M/s. Tulsi Developers (l) Pvt. Ltd. et al regarding arbitration
Case Code Year
Case between Mrs. Maudy D'Souza et al vs M/s. Tulsi Developers (l) Pvt. Ltd. et al regarding arbitration