Cyriac Thomas vs Joy J. Manjooran
2021 Latest Caselaw 14696 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                      OP(ATE) NO. 3 OF 2021
  IN THE MATTER OF AR NO.77/2017 ON THE FILE OF THE HON'BLE HIGH
                    COURT OF KERALA, ERNAKULAM


PETITIONER/PETITIONER IN AR:-

          CYRIAC THOMAS, AGED 64 YEARS, S/O.A.K.THOMAS,
          PENT HOUSE, MANJOORAN'S MOON STONE APARTMENT,
          THAMMANAM ROAD, PALARIVATTOM, ERNAKULAM, PIN - 682 025.

          BY ADVS.
          K.V.JAYADEEP MENON
          T.P.RAMESH (THENGUMPILLIL)
          P.KRISHNAPRIYA
          SHEENAMOL VARGHESE


RESPONDENTS/RESPONDENTS IN AR:-

    1     JOY J. MANJOORAN, S/O.JOSEPH P.MANJOORAN,
          MANJOORAN HOUSE, C.C.NO.59/2014, T.A.VEERANKUNJU ROAD,
          ERNAKULAM, PIN - 682 018.

    2     PAUL J. MANJOORAN, S/O.JOSEPH P.MANJOORAN,
          MANJOORAN HOUSE, C.C.NO.59/2014, T.A.VEERANKUNJU ROAD,
          ERNAKULAM, PIN - 682 018.

    3     JOMY THOMAS MANJOORAN, S/O.JOSEPH P.MANJOORAN,
          MANJOORAN HOUSE, C.C.NO.59/2014, T.A.VEERANKUNJU ROAD,
          ERNAKULAM, PIN - 682 018.

    4     JOHN J. MANJOORAN, S/O.JOSEPH P.MANJOORAN,
          MANJOORAN HOUSE, C.C.NO.59/2014, T.A.VEERANKUNJU ROAD,
          ERNAKULAM, PIN - 682 018.

          BY ADV.SRI.TOM K.THOMAS

     THIS OP(ARBITRATION TIME EXTENSION) HAVING COME UP FOR
ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(ATE) NO. 3 OF 2021
                                -2-

                          JUDGMENT

This original petition has been filed by

the petitioner seeking that the time frame

fixed by this Court for completion of the

process of arbitration be extended by a further

period of six months.

2. Noticing the submissions of the

petitioner, I had requested the learned

Arbitrator to inform whether there were any

laches on the part of the petitioner in

completing the process of arbitration. The

learned Arbitrator has now filed an interim

report dated 03.07.2021, wherein, he does not

say that there were any such laches; but has

sought for further time to file the report as

called for by this Court.

3. It is without doubt that the OP(ATE) NO. 3 OF 2021

respondents have made fervent submissions that

delay has been occasioned only on account of

the non-co-operation and indifference exhibited

by the petitioner. They also have a case that

petitioner has not even yet paid the

arbitration fees and expenses.

4. However, the learned counsel for the

petitioner, replied with equal vehemence that

all charges towards arbitration fees and

expenses have already been paid by his client.

In the afore circumstances and since the

learned Arbitrator has not fixed any blame on

either of the parties in his interim report, I

deem it appropriate to allow this original

petition.

This original petition is, therefore,

allowed and the time frame fixed for completion

of the arbitration proceedings is extended for OP(ATE) NO. 3 OF 2021

a further period of six months from the date of

receipt of a copy of this judgment.

The Registry is directed to serve a copy of

this judgment on the learned Arbitrator without

any avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv OP(ATE) NO. 3 OF 2021

APPENDIX OF OP(ATE) 3/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 IS THE PHOTOCOPY OF THE ORDER DATED 18/01/2018 IN A.R.77 OF 2017 THE HONOURABLE HIGH COURT OF KERALA.

EXHIBIT P2 IS THE TRUE PHOTOCOPY OF THE PROCEEDINGS BEFORE THE ARBITRATOR IN A.P.NO.2/2018.

EXHIBIT P3 IS THE TRUE PHOTOCOPY OF THE ORDER DATED 25/03/2021 IN ARBITRATION O.P.NO.236 OF 2019 OF THE HONOURABLE DISTRICT COURT, ERNAKULAM.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE