Oommen Thomas Panicker vs Monica Constructions
2021 Latest Caselaw 366 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        OP(C).No.29 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OS 202/2018 DATED 23-10-2019 OF I
                  ADDITIONAL SUB COURT,TRIVANDRUM


PETITIONER/1st DEFENDANT:

             OOMMEN THOMAS PANICKER
             AGED 44 YEARS
             TOPS MANOR, VETTIKAVALA, PANAVELI - 691 544
             REPRESENTED BY POWER OF ATTORNEY HOLDER: OOMMEN
             PANICKER, TOPS MANOR, VETTIKAVALA, PANAVELI - 691
             544.

             BY ADV. SRI.S.ABDUL RAZZAK

RESPONDENTS / PETITIONER / PLAINTIFF & 2ND DEFENDANT - ARBITRATOR:

      1      MONICA CONSTRUCTIONS
             ROYAL PLAZA, TC 6/895(4), II FLOOR, NEAR SBI
             VATTIYOORKAVU, REPRESENTED BY PARTNERS R.VINOD AND
             L.KRISHNAPRIYA, MP7/565D, DEVADARU, MALAYANKEEZHU -
             695 571, THIRUVANANTHAPURAM.

      2      VASTUSHILPALAYA CONSULTANCY PVT.LTD.
             L-16 JAWAHAR NAGAR, KOWDIAR - 695 003,
             THIRUVANANTHAPURAM, REPRESENTED BY PRINCIPAL
             ARCHITECT (KOSHY K.ALEX).


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2
OP(C).No.29 OF 2021




                           JUDGMENT

The petitioner is the 1st defendant in a suit for

money based on a contract. According to the

petitioner, the contract contains an arbitration clause

and the parties are to be referred to arbitration. The

petitioner has filed an application as I.A.No.2/2020

under Section 8(1) of the Arbitration Conciliation Act

seeking reference of the parties to Arbitration.

Without expressing anything on merits, I dispose

of this Original Petition directing the court to consider

and pass orders on the aforesaid application before

the suit is proceeded with. Orders may be passed as

expeditiously as possible and at any rate, before

27/02/2021.

Sd/-

SATHISH NINAN

JUDGE

rsr

OP(C).No.29 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF TENDER DATED 07/8/2017 BY THE 1ST RESPONDENT TO PETITIONER.

EXHIBIT P2 PHOTOCOPY OF CONTRACT DATED 14/8/2017 BY THE 1ST RESPONDENT AND PETITIONER.

EXHIBIT P3 PHOTOCOPY OF 1ST RESPONDENT'S LETTER DATED 02/02/2018 REFERRING DISPUTES TO THE 2ND RESPONDENT ARBITRATOR.

EXHIBIT P4 PHOTOCOPY OF 1ST RESPONDENT'S STATEMENT DATED 14/7/2018 BEFORE THE ARBITRATOR.

EXHIBIT P5 PHOTOCOPY OF THE MINUTES OF ARBITRAL MEETING HELD ON 18/7/2018.

EXHIBIT P6 PHOTOCOPY OF TECHNICAL EXPERTS REPORT DATED 03/9/2018 TO ARBITRATOR.

EXHIBIT P7 PHOTOCOPY OF PETITIONER'S TERMINATION NOTICE DT. 12/10/2018 TO 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF O.S.NO.202/2018 DATED 03/11/2018 BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF IA NO.2874/2018 DATED 9/11/2018 BY THE PETITIONER.

EXHIBIT P10 TRUE COPY OF IA NO.2031/2019 DATED 29/8/2019 BY THE 1ST RESPONDENT.

EXHIBIT P11 CERTIFIED COPY OF ORDER DATED 23/10/2019 IN IA NO.2031/2019.

EXHIBIT P12 TRUE COPY OF PETITIONER'S COUNTER DATED 6/11/2019 OBJECTING EXT.P11.

EXHIBIT P13 TRUE COPY OF I.A.NO.2/2020 DATED 9/12/2020 IN EXT.P8 SUIT.

EXHIBIT P14 TRUE COPY OF 1ST RESPONDENT'S COUNTER AFFIDAVIT DATED 15/12/2020 ON EXT.P13 APPLICATION.

OP(C).No.29 OF 2021