Case Summary
The case involves a petition by the defendant to refer the matter for arbitration concerning a money realization suit. The plaintiffs opposed the petition, arguing that the arbitration clause was not valid.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to refer the parties to arbitration was allowed, and the suit was directed to be dismissed. Parties are to bear their own costs.
Key Reasoning:
The court found that a valid arbitration agreement exists between the parties based on the agreement dated 16.05.2022.
The court found that a valid arbitration agreement exists between the parties based on the agreement dated 16.05.2022.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The contention of respondent that the constitution of arbitrators is against the provisions of Arbitration and Conciliation Act, 1996 is not tenable as U/s 8 of the Arbitration and Conciliation Act, the court cannot decide on the validity of the Arbitration agreement.
Judgment Evidence:
Accordingly, I am satisfied that the existence of clause 12 of Ext.A1 will make the matter arbitrable. The existence of the Arbitration Clause in Ext.A1 and the compliance of Sec.8, the only course open to this court is to refer the parties to arbitration.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rainbow Holmes
- Party Role
- Plaintiff
- Party Name
- Reghulal P V
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raja N
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Agreement for house construction executed between the plaintiff and the defendant dated 16.05.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanish C R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Karthik S A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana K P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Parties are referred to arbitration.
Evidence:
Accordingly, I am satisfied that the existence of clause 12 of Ext.A1 will make the matter arbitrable.
Relief Type:
Other
Outcome:
Not Decided
Description:
Suit is liable to be dismissed.
Evidence:
Suit is liable to be dismissed.
Documents & Evidence
Document Type:
Agreement for house construction
Submitted By:
Plaintiff
Relevance:
The agreement includes an arbitration clause relevant for referring the matter to arbitration.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Realization of Money
Case Code
O.S.NO.
Case Code Year
2024