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Kerala High Court
Matha Constructions vs Mylapra Service Co-Operative Bank Ltd on 13 February, 2026
AR NO. 5 OF 2026 1 2026:KER:13554
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
AR NO. 5 OF 2026
AGAINST THE ORDER DATED 28.02.2025 IN OP(ARB) NO.56 OF
2023 OF DISTRICT COURT, PATHANAMTHITTA
PETITIONER/PETITIONER:
MATHA CONSTRUCTIONS
REPRESENTED BY ITS PROPRIETOR MR.ABEY VARGHESE,
SON OF LATE P.T. VARGHESE, AGED 49 YEARS,
PLAMTHOTTATHIL VEEDU, CHITTOOR MURI,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA P.O.,
KOZHANCHERRY TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689645
BY ADVS.
SRI.A.BALAGOPALAN
SHRI.A.RAJAGOPALAN
SHRI.M.N.MANMADAN
SRI.M.S.IMTHIYAZ AHAMMED
SMT.P.SEENA
SHRI.GOPIKRISHNAN A. B.
RESPONDENTS/RESPONDENTS:
1 MYLAPRA SERVICE CO-OPERATIVE BANK LTD.
REPRESENTED BY ITS SECRETARY, MYLAPRA TOWN P.O.,
MYLAPARA VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT, PIN - 689671
2 PRIMA ARCH
REPRESENTED BY ITS PROPRIETOR JOSEPH GEORGE,
AR NO. 5 OF 2026 2 2026:KER:13554
S/O.GEORGE JOSEPH, VARIAMPARAMBIL HOSUE,
CHERTHALA P.O., CONVENT ROAD, OPPOSITE
ST. ANNS PUBLIC SCHOOL, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688524
BY ADVS.
SRI.ARUN CHANDRAN
SMT.AMRITA ARUN
SMT.AARABHI GOPAN
SHRI.HARIMOHAN
SMT.HANA KARNOLIA MADONA CYRIL
SHRI.JYOTHIKUMAR R.
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
13.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The petitioner is a sole proprietory concern. It is engaged in
the construction of buildings including engineering works and
contracting works. The 1st respondent is a Service Co-operative Bank.
The 2nd respondent is a proprietory concern represented by its sole
proprietor. The 1st respondent engaged the petitioner as the contractor
for construction of a commercial cum bank building. Annexure A1 is a
copy of the articles of agreement and indemnity bond dated 13.09.2021
entered into between the petitioner and the 1 st respondent. Disputes
have arisen between the parties with respect to the terms of the
agreement.
2. It is submitted by the petitioner that despite several requests
made to the 1st respondent, the issues could not be resolved. The
petitioner filed O.P(Arbitration)No.56 of 2023 before the District Court,
Pathanamthitta, under Section 9 of the Arbitration and Conciliation Act.
The District Court disposed the OP by order dated 28.02.2025. A copy
of the order is produced as Annexure A2. Thereafter on 01.12.2025
Annexure A3 notice was issued by the petitioner as provided under
Section 21 of the Arbitration and Conciliation Act, 1996. The notice was
AR NO. 5 OF 2026 4 2026:KER:13554
received by the 1st respondent. However, there was no response from
the side of the 1st respondent. Therefore, this arbitration request was
filed.
3. On notice, the 1 st respondent has entered appearance
through counsel. Though notice was served, the 2 nd respondent has not
turned up.
4. Heard the learned counsel for the petitioner and the learned
counsel for the 1st respondent.
5. The learned counsel for the 1 st respondent submitted that it
is not disputing the arbitration clause in the agreement. It is noticed that
the 2nd respondent is not a party to Annexure A1 agreement. As serious
disputes have arisen between the parties and there is an arbitration
clause in Annexure A1 agreement binding the petitioner and the 1 st
respondent, I am of the view that the dispute between the petitioner and
the 1st respondent can be referred for arbitration. If the 2 nd respondent is
a necessary party according to the petitioner, the petitioner will be free
to seek the impleadment of the 2nd respondent before the arbitrator.
In view of the above discussions, this arbitration request is
allowed and the following directions are issued:
AR NO. 5 OF 2026 5 2026:KER:13554
1. The Kerala High Court Arbitration Centre is
directed to nominate a District Judge (Retd.)
from Panel-III, preferably from Pathanamthitta,
as the sole Arbitrator to resolve the disputes that
have arisen between the petitioner and the 1st
respondent under Annexure A1 agreement.
2. The learned Arbitrator may entertain all issues
between the parties in connection with the said
Agreement, including questions of jurisdiction
and limitation, if any, raised by the parties. All
contentions of the parties are left open and they
are at liberty to raise their claims and
counterclaims, if any, before the learned
Arbitrator, in accordance with law.
3. The Registry shall communicate the substance of
this order to the Kerala High Court Arbitration
Centre within ten days and the Centre shall
inform the learned Arbitrator within a further
period of one week and shall obtain duly signed
Form 3 as required under Rule 20(4) of the
Kerala High Court (Arbitration Centre) Rules,
2025 and forward the same to this Court.
4. Upon receipt of the Form 3, the Registry shall
issue a certified copy of this order with a copy of
the Form 3 appended to the Kerala High Court
AR NO. 5 OF 2026 6 2026:KER:13554
Arbitration Centre. The original of the Disclosure
Statement shall be retained by the Kerala High
Court Arbitration Centre.
5. The fees of the learned Arbitrator of the Kerala
High Court Arbitration Centre shall be governed
by Rule 28 of the Kerala High Court (Arbitration
Centre) Rules, 2025. The manner in which the
fees and costs payable by the parties shall be
governed by Rule 27 of the Kerala High Court
(Arbitration Centre) Rules, 2025.
6. If the learned Arbitrator needs the assistance of an
expert, then he is at liberty to seek such
assistance in the course of the arbitration
proceedings.
Sd/-
S.MANU
JUDGE
MC/16.2
AR NO. 5 OF 2026 7 2026:KER:13554
APPENDIX OF AR NO. 5 OF 2026
PETITIONER ANNEXURES
A 1 TRUE COPY OF THE ARTICLES OF AGREEMENT AND
INDEMNITY BOND
A 2 THE TRUE COPY OF THE ORDER PASSED IN THE
OP(ARB) 56/2023 ON 28/02/2025
A 3 TRUE COPY OF LAWYER NOTICE
A 4 TRUE COPY OF THE A/D CARD EVIDENCING THE
RECEIPT OF NOTICE BY THE 1ST RESPONDENT.
