Case Summary
The case involves Sreejith C S, who is seeking a permanent prohibitory injunction against M/s Cholamandalam Investment and Finance Co. Ltd. concerning a loan agreement related to a vehicle purchase. The defendant is requesting referral to arbitration based on an arbitration clause in the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Parties are referred to arbitration.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to refer the parties to arbitration, determining that an arbitration agreement exists between the parties as per the loan agreement.
Why Plaintiff Won:
The existence of an arbitration clause makes the matter arbitrable.
The existence of an arbitration clause makes the matter arbitrable.
Losing Side's Weaknesses:
The existence of an arbitration clause makes the matter arbitrable.
The existence of an arbitration clause makes the matter arbitrable.
Supporting Evidence
Therefore it is clear that if in an agreement between the parties before the Civil court there is a clause for arbitration, it is mandatory for the civil court to refer the dispute to an arbitrator.
Judgment Evidence:
In the result, petition is allowed. 1) Parties are referred to arbitration. Suit is liable to be dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreejith C S
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Cholamandalam Investment and Finance Co. Ltd.
- Relation
- Represented by
Plaintiffs Documents
Loan agreement dated 26.03.2022
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Philip T Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shuba Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kallyani G Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rineesha Rajkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Sabah
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction.
Evidence:
Suit is one for permanent prohibitory injunction.
Relief Type:
Other
Outcome:
Granted
Description:
Parties are referred to arbitration.
Evidence:
Accordingly, I am satisfied that the existence of clause 29 of Ext.A1 will make the matter arbitrable.
Documents & Evidence
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The court relied on the loan agreement to determine the existence of an arbitration clause.
Reference:
Ext.A1
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 Sreejith C S vs M/s Cholamandalam Investment and Finance Co. Ltd. regarding permanent prohibitory injunction
Case Code Year
Case between Sreejith C S vs M/s Cholamandalam Investment and Finance Co. Ltd. regarding permanent prohibitory injunction