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O.S No. 1199/2023

Case between TMV Aromatics Pvt. Ltd. vs Aswinkumar Mallya regarding damages and arbitration clause

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-04-02
Duration

Judgement document from eCourt website

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Case Summary

TMV Aromatics Pvt. Ltd. filed a suit against Aswinkumar Mallya for damages claiming that he violated an employment agreement. The defendant countered with a claim asserting that the suit is barred due to an arbitration clause in the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled that the parties cannot be referred to arbitration due to the absence of a valid arbitration clause in the agreement. Thus, the case will not proceed to arbitration as claimed by the defendant.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The arbitration clause in the case was determined to be invalid, which prevented referral to arbitration.

Judgment Evidence:

In the result, the parties are not referred to arbitration.

Parties Involved

Plaintiffs

TMV Aromatics Pvt. Ltd. (Age not specified years) TMV Gardens, Mahakavi Bharatiyar Road, Ernakulam, Kochi - 682 035

Defendants

Aswinkumar Mallya (26 years years) 8/421, T. D North Gate, South Cherlai, Mattanchery, Kochi - 682 002

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Request to refer the parties to arbitration.
Evidence:
In view of the absence of a valid arbitration clause, from the discussion made above, the parties cannot be referred to arbitration.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
The agreement dated 24/07/2023 containing the arbitration clause is relied upon by the plaintiff and produced in court.
Reference:
null

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

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