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
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.
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
Plaintiffs
Rainbow Holmes (Age not specified years)
3rd Floor, Chandrika Building, M G Road, Ernakulam, Cochin- 682011
Reghulal P V (55 years)
Pottassery House, Vaduthala P O, Ernakulam District. Pin- 682023
Defendants
Raja N (35 years)
R K House, Nellikkuneth road, Nettoor Village, Maradu, Ernakulam. Pin- 682040
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