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O.S.No.224/2024

Case between Rainbow Holmes et al vs Raja N regarding arbitration of a money dispute.

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-11-02
Duration
Case Code No.
224
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
75%

Involved Entities

Private Individual

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