Case Summary
Pauls Creamery Pvt. Ltd and Seawood Homes(India) Pvt. Ltd are involved in a legal dispute regarding an injunction. The defendant seeks to refer the matter to arbitration based on an arbitration clause in their agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The existence of an arbitration clause in the agreement makes the matter arbitrable.
The existence of an arbitration clause in the agreement makes the matter arbitrable.
Judgment Evidence:
In the result, petition is allowed. 1) Parties are referred to arbitration. Suit is liable to be dismissed.
Parties Involved
Plaintiffs
Pauls Creamery Pvt. Ltd (Age not specified years)
T C No. 24/3088(1), Ushasandhya Building, TTC Junction, Devaswom Board Road Kowdiar, Thiruvananthapuram- 695003
Defendants
Seawood Homes(India) Pvt. Ltd (45 years)
Building No. 29/15(1), Toc-H Road Vyttila, Kochi- 682019
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The suit for injunction restraining defendant from forcefully evicting the plaintiff from plaint schedule property.
Evidence:
Accordingly, I am satisfied that the existence of clause 20 of Ext.A2 will make the matter arbitrable.
Documents & Evidence
Document Type:
Counter affidavit
Submitted By:
Plaintiff
Relevance:
Counter affidavit filed by the plaintiff in AR No. 17/24 before the Hon’ble High Court of Kerala.
Reference:
Ext.A1
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
Leave and License agreement between the plaintiff and the defendant companies.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of Order in AR 17/24 of the Hon’ble High Court of Kerala.
Reference:
Ext.A3
Document Type:
Proceedings of Arbitration
Submitted By:
Plaintiff
Relevance:
Copy of proceedings of Arbitration in ARC(Ps) 3/24.
Reference:
Ext.A4