Secura Developers Private Limited vs Nanma Properties Limited
2024 Latest Caselaw 27430 Ker

Kerala High Court

Secura Developers Private Limited vs Nanma Properties Limited on 11 September, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

                                                2024:KER:69238
OP(ATE) NO. 27 OF 2024

                                 1
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR. JUSTICE T.R.RAVI

WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                    OP(ATE) NO. 27 OF 2024

PETITIONER:

          SECURA DEVELOPERS PRIVATE LIMITED
          28/2275-D8, 6TH FLOOR, EMPORA GEMZ, NH THONDAYAD
          BYPASS, CALICUT (REPRESENTED BY ITS DIRECTOR, K.P
          NOUSHAD), PIN - 673016


          BY ADVS.
          M.P.SHAMEEM AHAMED
          DANIYA RASHEED PALLIYALIL




RESPONDENT:

          NANMA PROPERTIES LIMITED
          2ND FLOOR, EASTERN CORPORATE, NH BYPASS, EDAPPALLY,
          ERNAKULAM (REPRESENTED BY ITS DIRECTOR MUHAMED
          JUNAID), PIN - 682024

          SRI.RANJITH VARGHESE


     THIS OP(ARBITRATION TIME EXTENSION) HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                        2024:KER:69238
OP(ATE) NO. 27 OF 2024

                                       2

                             T.R. RAVI, J.
             --------------------------------------------
                     O.P(ATE).No27 of 2024
                 --------------------------------------------
          Dated this the 11th day of September, 2024

                           JUDGMENT

When the case is taken up today, the counsel for the

petitioner sought permission to withdraw this original

petition without prejudice to his right to move the competent

civil court as required under the Arbitration and Conciliation

Act.

The original petition is dismissed as withdrawn

without prejudice to the right of the petitioner to move the

appropriate court. In view of the judgment in Chief

Engineer (NH) PWD (Roads) vs. BSC & C and C JV

reported in [2024 SCC Online SC 1801], this Court cannot

entertain this application.

Sd/-

T.R.RAVI JUDGE

LEK 2024:KER:69238 OP(ATE) NO. 27 OF 2024

APPENDIX OF OP(ATE) 27/2024

PETITIONER EXHIBITS

Exhibit P1 COPY OF NOTICE FOR APPEARANCE BEFORE THE SOLE ARBITRATOR DATED 13.12.2021

Exhibit P2 COPY OF PROCEEDINGS EXTENDING MANDATE OF ARBITRATOR DATED 21.06.2023

Exhibit P3 COPY OF ORDER DATED 20.03.2024