S.Bhagyaraj vs S.Dhanraj Rajendran
2022 Latest Caselaw 1904 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                            RP NO. 154 OF 2022
         AGAINST THE JUDGMENT IN AR 5/2019 OF HIGH COURT OF KERALA


REVIEW PETITIONER/APPLICANT:

              S.BHAGYARAJ, AGED 58 YEARS,
              S/O LATE P.SELVARAJ,SELCANE FURNITURES,
              NADAR SANGHOM BUILDINGS,THEATRE BAZAR,
              MUNNAR PIN 685612

              BY ADV BABU PAUL


RESPONDENTS/OPPOSITE PARTIES:

     1        S.DHANRAJ RAJENDRAN,
              S/O LATE P.SELVARAJ,
              SUNMOUNT VIEW RESORTS,IIND MILE,
              PALLIVASAL P.O,MUNNAR .685612

     2        DR.S.SHIBU KUMAR
              S/O LATE P.SELVARAJ,
              SUNMOUNT VIEW RESORTS,IIND MILE,
              PALLIVASAL P.O,MUNNAR.685612


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18.02.2022,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 154/22
                                      2



                          O R D E R

This petition, seeking review of the order of this Court in

A.R.No.5/2019, has been filed by the petitioner asserting that

the submissions made before this Court and recorded in

paragraph 5 of the said order was in error.

2. Sri.Babu Paul B. - learned counsel for the petitioner,

submitted that O.S.No.11/2021 was filed by his client seeking

partition of the properties of the Firm, in which other persons

are involved; while what was agreed before this Court was for

reference of the disputes with respect to the finances of the said

Firm to arbitration. He submitted that, therefore, this Court may

clarify that the Suit in question can be continued by the parties

with respect to those issues which are not governed by

arbitration and prayed that the order in question be modified to

such extent.

3. Sri.C.S.Manilal - learned counsel appearing for the RP 154/22

respondents, agreed that the Suit between the parties takes into

account certain issues that are different from the ones over

which disputes have been impelled in the arbitration. He,

therefore, conceded that, to that extent, the order in question

can be modified.

4. When I consider the afore submissions, it is without

doubt that this Court had proceeded on the assumption - based

on the express submissions of the parties - that all the issues in

the Suit are ones which ought to be referred to arbitration.

However, since it is now submitted by both sides that the Suit

contains certain components which are not capable of being

arbitrated, I deem it appropriate to allow this Review Petition to

that limited extent.

Resultantly, I allow this Review Petition and permit the

learned Arbitrator to continue with the process of arbitration;

however, clarifying that the parties will also be at liberty to

proceed with O.S.No.11/2021 before the Sub Court, Devikulam, RP 154/22

but only with respect to those issues which are not, in any

manner, governed by arbitration.

Sd/-

RR                                 DEVAN RAMACHANDRAN
                                         JUDGE