Kerala High Court
M/S.Asad Engineering Solutions ... vs Mrs.Viimala Sashi on 24 June, 2022
1
OP (C)No. 1101 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP(C) NO. 1101 OF 2022
AGAINST THE ORDER/JUDGMENT IN IA 8/2022 IN OPARB 3/2021 OF
PRINCIPAL SUB COURT / COMMERCIAL COURT, THALASSERY
PETITIONER/S:
M/S.ASAD ENGINEERING SOLUTIONS PVT. LTD.,
A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES
ACT, 1956 AND HAVING ITS HEAD OFFICE AT UAQ,
BUSINESS CENTRE, WEST HILL, KOZHIKODE-673005,
REPRESENTED BY ITS MANAGING DIRECTOR BABU.M, AGED
55 YEARS,S/O.NARAYANAN NAIR, RESIDING AT HAZEL
DROPS VILLA COMPLEX, HOUSE NO.17/298 POST OFFICE
PARIYAPURAM, ANGADIPURAM, PERINTHALMANNA., PIN -
679321
BY ADVS.
VARGHESE P.CHACKO
DENNIS VARGHESE
RESPONDENT/S:
1 MRS.VIIMALA SASHI,
AGED 65 YEARS
W/O.SASHI, PERMANENTLY RESIDING AT 'KRISHNA'
ELAYAVOOR AMSOM, MUNDAYAD DESOM, CHOVVA.P.O, KANNUR
TALUK, KANNUR DISTRICT, PIN - 670006
2 MR.ANOOP SASHI
AGED 42 YEARS
MANAGER, AMAZON, PERMANENTLY RESIDING AT 'KRISHNA'
ELAYAVOOR AMSOM, MUNDAYAD DESOM, CHOVVA.P.O, KANNUR
TALUK, KANNUR DISTRICT AND PRESENTLY RESIDING AT,
FLAT 132, LOCK BUILDING, 72 HIGH STREET LONDON
E152, QB,
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
OP (C)No. 1101 of 2022
C.S DIAS,J.
---------------------------
OP (C)No. 1101 of 2022
-----------------------------
Dated this the 24th day of June, 2022.
JUDGMENT
The original petition is filed to set aside the order in
IA No.8/2022 in OP (Arb) No.3/2021 passed by the Court
of the Subordinate Judge , Thalasserry.
2. Undisputedly, Ext P1 order has been passed
under Sec.9 of the Arbitration and Conciliation Act, 1996
(in short ' Act).
3. Sec.37 (1) (a) of the Act provides for the
remedy of appeal against any order granting or refusing
to grant any measure under Sec.9 of the Act.
4. The Hon'ble Supreme Court in Bhavan
Construction vs. Sardar Sarovar Narmada Nigam Ltd
[(2022) 1 SCC 75] and Deep Industries Ltd v. Oil and
Natural Gas Corporation Ltd and another [(2020) 15
SCC 706] has categorically held that the High Court shall
only in the case of exceptional rarity interfere with
OP (C)No. 1101 of 2022
arbitral process initiated under the Act, under Articles
226 and 227 of the Constitution of India.
5. In the light of alternative and efficacious remedy
provided under Sec.37 of the Act and the ratio laid down
in Bhavan Construction and Deep Industries Ltd
(supra), I am not inclined to exercise the supervisory
jurisdiction of this Court under Article 227 of the
Constitution of India. Hence, without prejudice to the
right of the petitioner to seek for modification/variation of
Ext P1 order before the same Court or challenge the same
as contemplated under the Act, this original petition is
dismissed.
sd/-
sks/24.06.2022 C.S.DIAS, JUDGE
OP (C)No. 1101 of 2022
APPENDIX OF OP(C) 1101/2022
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE ORDER DATED 25.01.2022,
IN I.A.NO.8/2022 IN OP(ARB)NO.3/2021 OF
THE HONORUABLE SUBRODINATE JUDGE,
THALASSERY (COMMERCIAL COURT).
Exhibit.P2 TRUE COPY OF THE SECTION 21 NOTICE DATED
NIL ISSUED BY THE RESPONDENT HEREIN, TO
THE PETITONER.
Exhibit.P3 TRUE COPY OF THE REPLY NOTICE DATED
23.04.2022 ISSUED BY THE PETITIONER TO THE
RESPONDENT.
Exhibit.P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED
26.04.2022 SHOWING RECEIPT OF EXHIBIT.P3
REPLY NOTICE BY THE RESPONDENT.
Exhibit.P5 TRUE COPY OF THE OP(ARB)NO.3 OF 2021 ON
THE FILES OF THE HONOURABLE SUBNORDINATE
JUDGE, THALASSERY (COMMERCIAL COURT)
Exhibit.P6 TRUE COPY OF I.A.NO.8/2022 IN OP(ARB)NO.3
OF 2021 FILED BY THE RESPONDENTS.
