Kerala High Court
Sea Lagoon Hotels Pvt. Ltd vs Westbridge Hospitality Llp on 16 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
AR NO. 9 OF 2021
PETITIONER:
M/S SEA LAGOON HOTELS PVT. LTD.
II/282, GOSHREE JUNCTION, AZHEEKAL P.O.,
VYPEEN, ERNAKULAM-682510,
REPRESENTED BY ITS DIRECTOR, MR. ARUN SANTHAKUMAR.
BY ADVS.
VIJAY V. PAUL
SRI.THOMAS J.ANAKKALLUNKAL
SHRI.GOKUL ASOK
SMT.MARIA PAUL
RESPONDENT:
M/S WESTBRIDGE HOSPITALITY LLP, A 007,
KANAKIA BOOMERANG, CHANDIVALI FARM ROAD,
ANDHERI (E), MUMBAI-400072,
REPRESENTED BY ITS PARTNER, MR. SHIKAR SETHI.
BY ADVS.
SRI.ANEESH JAMES
SRI.JIJO THOMAS
SMT.M.D.BEENA
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AR 9/21
2
JUDGMENT
This Arbitration Request is not opposed by the
respondent.
2. As per Annexure A2 agreement between the
parties, all disputes will have to be referred to
a sole Arbitrator, to be appointed by them through
consent.
3. In Annexure A6, the petitioner addressed
the respondent and suggested the name of Mr.
Justice Sri.Thomas P. Joseph, a former Judge of
this Court and this has been accepted by the
respondent in Annexure A7 reply.
4. I, therefore, do not see why the parties
cannot go to arbitration.
In the afore circumstances and since it is
expressly conceded before me that both sides agree
to the appointment of Mr. Justice Sri.Thomas P.
Joseph as the sole Arbitrator, I allow this
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Arbitration Request in the following manner:
(a) I nominate Mr.Justice Thomas P. Joseph,
House No.33/469, Cheruvallil House, Near Bhavans
Vidyamandir, Elamakkara, as the sole Arbitrator to
adjudicate and resolve the disputes and
differences between the parties to this case
arising from Annexure A2 agreement.
(b) The Registry is directed to communicate
a copy of this order to the learned Arbitrator,
within a period of two weeks from today and to
obtain a Statement of Disclosure from him under
Section 11(8) read with Section 12(1) of the
Arbitration and Conciliation Act, 1996.
(c) Once the Disclosure Statement is
obtained from the learned Arbitrator, the Registry
shall release the certified copy of this order,
with a copy of the said statement appended to it,
retaining the original of the same on the files of
this case.
(d) The fees of the Arbitrator shall be
AR 9/21
governed by the Fourth schedule to the Arbitration
and Conciliation Act, 1996.
(e) The parties to this case are ad idem
that they will share the arbitration costs and
fees equally and it is so recorded.
(f) In order to enable the Arbitrator to
commence the proceedings without delay, I direct
the parties to mark appearance before him at 11
a.m. On 01.09.2021.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
AR 9/21
APPENDIX OF AR 9/2021
PETITIONER ANNEXURE:
ANNEXURE A1 TRUE COPY OF THE BOARD RESOLUTION
AUTHORIZING MR. ARUN SANTHAKUMAR TO
REPRESENT THE PETITIONER.
ANNEXURE A2 ORIGINAL LEASE AGREEMENT DATED
23.05.2019.
ANNEXURE A3 TRUE COPY OF THE EMAIL DATED 7.6.2020
FROM THE REPRESENTATIVE OF THE
RESPONDENT TO THE PETITIONER.
ANNEXURE A4 TRUE COPY OF THE EMAIL DATED 10.6.2020
SENT BY THE PETITIONER TO THE
RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE EMAIL DATED 16.6.2020
SENT BY MR.CHANDAN PANDEY TO THE
RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE LEGAL NOTICE DATED
21.8.2020 ISSUED BY THE RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE EMAIL DATED 16.10.2010
ISSUED BY THE PETITIONER'S COUNSEL.
ANNEXURE A8 TRUE COPY OF THE EMAIL DATED
24.12.2020.
ANNEXURE A9 TRUE COPY OF THE EMAIL DATED 6.1.2021.
