Kerala High Court
Montgolfier Engineering And Solutions ... vs Indian Medical Association Goes Eco- ... on 30 September, 2024
2024:KER:73274
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(C) NO. 2108 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN ARBA NO.Unnum OF
2024 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONERS:
1 MONTGOLFIER ENGINEERING AND SOLUTIONS PRIVATE LTD
PAKSHOOTHRA, AKG ROAD, EDAPPALLY TOLL ERNAKULAM, KERALA
PIN 682024 REPRESENTED BY ITS AUTHORIZED SIGNATORY
SURESH BABU P.V, S/O. KUNJIKANNAN NAMBIAR, AGED 62
YEARS, PUTHIYAVEETIL HOUSE, MAVILAYI, MUNDALUR, KANNUR,
KERALA, PIN - 670622
2 JITHESH NAMBIAR @ JITHEESH SURESH BABY, AGED 47 YEARS
AGED 47 YEARS
S/O SURESH BABU, MANAGING DIRECTOR, PAKSHOOTHRA, AKG
ROAD, EDAPPALLY TOLL ERNAKULAM, KERALA PIN 682024
REPRESENTED BY POWER OF ATTORNEY HOLDER SURESH BABU
P.V, S/O. KUNJIKANNAN NAMBIAR, AGED 62 YEARS,
PUTHIYAVEETIL HOUSE, MAVILAYI, MUNDALUR, KANNUR,
KERALA, PIN - 670622
3 APARNA MURALIDHARAN
AGED 42 YEARS
W/O JITHEESH NAMBIAR DIRECTOR, PAKSHOOTHRA, AKG ROAD,
EDAPPALLY TOLL ERNAKULAM, KERALA, PIN - 682024
BY ADVS.
K.J.SAJI ISAAC
ELIZABETH VARKEY
JITHIN SAJI ISAAC
ABHISHEK S. KUMAR
JOSHUA SEBASTIAN
RESPONDENTS:
OP(C) Nos. 2108 & 2116 of 2024 :2:
2024:KER:73274
1 INDIAN MEDICAL ASSOCIATION GOES ECO- FRIENDLY
( IMAGE)
IMA STATE HEAD QUARTERS, ANAYARA PO,
THIRUVANANTHAPURAM KERALA REPRESENTED BY ITS
SECRETARY, PIN - 695029
2 M/S BRACE MANAGEMENT SERVICES PRIVATE LIMITED
19/124 K, KEYEM'S ARCADE, EAST THALI, CHALAPURAM PO
KOZHIKODE, KERALA REPRESENTED BY ITS DIRECTOR, PIN -
673002
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, ALONG WITH OP(C).2116/2024,THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP(C) Nos. 2108 & 2116 of 2024 :3:
2024:KER:73274
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(C) NO. 2116 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 23.07.2024 IN ARBA
NO.Unnumb OF 2024 OF DISTRICT COURT & SESSIONS COURT,
THIRUVANANTHAPURAM
PETITIONERS:
1 MONTGOLFIER ENGINEERING AND SOLUTIONS PRIVATE LTD
PAKSHOOTHRA, AKG ROAD, EDAPPALLY TOLL ERNAKULAM,
KERALA PIN 682024 REPRESENTED BY ITS AUTHORIZED
SIGNATORY SURESH BABU P.V, S/O. KUNJIKANNAN NAMBIAR,
AGED 62 YEARS, PUTHIYAVEETIL HOUSE, MAVILAYI,
MUNDALUR, KANNUR, KERALA, PIN - 670622
2 JITHESH NAMBIAR @ JITHEESH SURESH BABU
AGED 47 YEARS
S/O SURESH BABU, MANAGING DIRECTOR, PAKSHOOTHRA, AKG
ROAD, EDAPPALLY TOLL ERNAKULAM, KERALA PIN 682024
REPRESENTED BY POWER OF ATTORNEY HOLDER SURESH BABU
P.V, S/O. KUNJIKANNAN NAMBIAR, AGED 62 YEARS,
PUTHIYAVEETIL HOUSE, MAVILAYI, MUNDALUR, KANNUR,
KERALA, PIN - 670622
3 APARNA MURALIDHARAN
AGED 42 YEARS
W/O JITHEESH NAMBIAR DIRECTOR, PAKSHOOTHRA, AKG
ROAD, EDAPPALLY TOLL ERNAKULAM, KERALA, PIN - 682024
BY ADVS.
K.J.SAJI ISAAC
ELIZABETH VARKEY
JITHIN SAJI ISAAC
ABHISHEK S. KUMAR
JOSHUA SEBASTIAN
OP(C) Nos. 2108 & 2116 of 2024 :4:
2024:KER:73274
RESPONDENTS:
1 INDIAN MEDICAL ASSOCIATION GOES ECO- FRIENDLY
( IMAGE)
IMA STATE HEAD QUARTERS, ANAYARA PO,
THIRUVANANTHAPURAM KERALA REPRESENTED BY ITS
SECRETARY, PIN - 695029
2 M/S BRACE MANAGEMENT SERVICES PRIVATE LIMITED
19/124 K, KEYEM'S ARCADE, EAST THALI, CHALAPURAM PO
KOZHIKODE, KERALA REPRESENTED BY ITS DIRECTOR, PIN -
673002
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, ALONG WITH OP(C).2108/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP(C) Nos. 2108 & 2116 of 2024 :5:
2024:KER:73274
VIJU ABRAHAM , J.
===========================
OP(C) Nos. 2108 & 2116 of 2024
============================
Dated this the 30th day of September, 2024
JUDGMENT
Petitioners are the appellants in Arbitration Appeals (Un-
Numbered) 2024 before the District Court, Thiruvananthapuram,
filed against the interim order in IA No.1 of 2024 and IA No.2 of 2024
in Arbitration Claim No.2 of 2023 before the Arbitral Tribunal,
wherein the claim petition was dimissed by the Arbitral Tribunal by
Ext.P8 order sustained the objection raised by the Chief Ministerial
Officer that the appeal is not maintainable.
2. When the matter was taken up for consideration, the
learned Counsel for the petitioners would submit that the
proceedings before the Arbitrator is almost complete and it is posted
for orders to 26.09.2024.
3. It is settled law that the Court should be very slow in
interfering with the interim orders passed by the Arbitrator. In the
facts and circumstances of the present case, especially taking note
of the fact that arbitration proceedings is over and is posted for
orders, I am not inclined to interfere with the order passed by the
District Court and the original petition is dismissed, however, making
2024:KER:73274
it clear that if the petitioners aggrieved by the final award passed by
the Arbitrator challenges the same, they could raise all the
contentions including the contention regarding maintainability of the
arbitration proceedings at the instance of the respondents.
With the said observation the original petitions are disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:73274
APPENDIX OF OP(C) 2116/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE 1ST RESPONDENT IN ARBITRATION CLAIM
NO. 2 OF 2023
Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED
BY THE PETITIONERS HEREIN IN ARBITRATION
CLAIM NO. 2 OF 2023 BEFORE THE ARBITRATOR
Exhibit P3 TRUE COPY OF I.A NO. 1 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITRATOR
Exhibit P4 TRUE COPY OF I.A NO. 2 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITRATOR
Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE
1ST RESPONDENT IN I.A NO. 2 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITRATOR
Exhibit P6 TRUE COPY OF THE COMMON ORDER IN I.A NO. 1
OF 2023 DATED 27.05.2024 BEFORE THE
ARBITRATOR
Exhibit P7 TRUE COPY OF ARBITRATION APPEAL (UN-
NUMBERED ) 2024 ( C.F NO. 10198/ 2024)
BEFORE THE DISTRICT COURT
THIRUVANANTHAPURAM
Exhibit P8 CERTIFIED COPY OF THE ORDER DATED
23.07.2024 IN ARBITRATION APPEAL (UN-
NUMBERED) 2024 ( C.F NO. 10198/2024) FILED
AGAINST I.A NO. 1 OF 2024 IN A.C NO. 2 OF
2023 DATED 27.05.2024 BEFORE THE
ARBITRATOR
2024:KER:73274
APPENDIX OF OP(C) 2108/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CLAIM STATEMENT FILED BY
THE 1ST RESPONDENT IN ARBITRATION CLAIM
NO. 2 OF 2023 BEFORE THE ARBITRATOR
Exhibit P2 TRUE COPY OF THE COUNTER STATEMENT FILED
BY THE PETITIONERS HEREIN IN ARBITRATION
CLAIM NO. 2 OF 2023 BEFORE THE ARBITRATOR
Exhibit P3 TRUE COPY OF I.A NO. 1 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITRATOR
Exhibit P4 TRUE COPY OF I.A NO. 2 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITRATOR
Exhibit P5 . TRUE COPY OF THE OBJECTION FILED BY THE
1ST RESPONDENT IN I.A NO. 2 OF 2024 IN
ARBITRATION CLAIM NO. 2 OF 2023 BEFORE THE
ARBITR
Exhibit P6 TRUE COPY OF THE COMMON ORDER IN I.A NO. 1
OF 2023 DATED 27.05.2024 BEFORE THE
ARBITRATOR
Exhibit P7 TRUE COPY OF ARBITRATION APPEAL (UN-
NUMBERED) 2024 ( C.F NO. 10198/2024) FILED
BEFORE THE DISTRICT COURT,
THIRUVANANTHAPURAM
Exhibit P8 CERTIFIED COPY OF THE ORDER DATED
23.07.2024 IN ARBITRATION APPEAL (UN-
NUMBERED) 2024 ( C.F NO. 10198/2024) FILED
AGAINST I.A NO. 1 OF 2024 IN A.C NO. 2 OF
2023 DATED 27.05.2024 BEFORE THE
ARBITRATOR
