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Kerala High Court
Regunath.O vs Myzameen Store on 18 February, 2026
AR NO. 262 OF 2025 1 2026:KER:14687
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
AR NO. 262 OF 2025
PETITIONER:
REGUNATH O.
AGED 39 YEARS
S/O.RAMACHANDRAN, DOOR NO. 13/618,
OROMPURATH HOUSE, PUZHABALLAM, MARATHAKKARA,
THRISSUR, PIN - 680306
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RISHI VARMA T.R.
SHRI.RITHIK S.ANAND
SHRI.SREEJITH A.
SMT.TEENA M. ASHOK
RESPONDENTS:
1 MYZAMEEN STORE
A DIVISION OF COPIOUS CONCERN PVT. LTD., A-11,
HEAVENLY PLAZA, VAZHAKKALA, KAKKANAD,
KOCHI, KERALA , REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 682021
2 JERRY THOMAS
DIRECTOR, MYZAMEEN STORE, A DIVISION OF COPIOUS
CONCERN PVT. LTD., A-11, HEAVENLY PLAZA,
VAZHAKKALA, KAKKANAD, KOCHI, KERALA, PIN - 682021
BY ADVS.
SMT.DEEPA NARAYANAN
AR NO. 262 OF 2025 2 2026:KER:14687
SHRI.K.SUJAI SATHIAN
SMT.PREETHI. P.V.
SMT.MARY LIYA SABU
SMT.AISWARYA S. ASHOKAN
SHRI.NEERAJ KRISHNA KUMAR
SHRI.ARAVIND K.
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The petitioner is a Civil Engineer holding a State licence,
'Supervisor - A category'. The respondents are involved in real estate
business and construction of shopping complexes, warehouses, etc. On
14.10.2024 the 2nd respondent, for and on behalf of the 1 st respondent,
entered into a construction agreement with the petitioner for a civil
construction work for a total contract value of Rs.32,80,000/-. A copy of
the agreement dated 14.10.2024 is produced as Annexure A1.
However, disputes arose between the parties subsequently regarding
the payment of amounts as per the terms of the agreement. The
petitioner states that he was compelled to stop the work because the
respondents deviated from the initially approved plan and permit, which
resulted in additional work hours and extra costs on the part of the
petitioner. However, the respondents have not paid the additional costs
incurred by the petitioner.
2. Since the disputes between the parties could not be
resolved, invoking the arbitration clause in the agreement, a notice was
issued on 30.06.2025 by the petitioner to the 2 nd respondent. A copy of
the notice has been produced as Annexure A4. Annexure A5 would
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show that the same was received by the 2 nd respondent. However, there
was no response from the 2nd respondent and therefore this arbitration
request was filed.
3. Notice was issued to the respondents and they have
entered appearance through counsel. A counter affidavit has been filed
by them.
4. Heard the learned counsel for the petitioner and the learned
counsel appearing for the respondents.
5. In the counter affidavit, the prime contention is that no
dispute as such exists between the parties and entire amount due to the
petitioner was paid by the respondents. Hence, the respondents
contend that there is no arbitrable dispute, and therefore, the arbitration
request may not be allowed.
6. It is evident from the pleadings and documents that there
are serious disputes between the parties. According to the petitioner
some amounts are due to him and on the other hand the respondents
contend that the entire amount due to the petitioner has been paid.
7. I am satisfied that there is a valid arbitration clause in the
agreement and this is not disputed by the respondents also. Since the
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petitioner has raised serious disputes which were denied by the
respondents, adjudication is essential to resolve the issue.
Hence I find that this arbitration request can be allowed. The
following directions are therefore issued.
1. The Kerala High Court Arbitration Centre is
directed to nominate an arbitrator from Panel II,
preferably from Ernakulam, as the sole Arbitrator
to resolve the disputes that have arisen between
the petitioner and the respondents 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
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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
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/18.2
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APPENDIX OF AR NO. 262 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CONSTRUCTION AGREEMENT
DATED 14.10.2024
Annexure A2 TRUE COPY OF THE DETAILED ESTIMATE OF THE
WORK
Annexure A3 TRUE COPY OF THE EXPENSES FOR THE EXTRA
WORKS CARRIED OUT
Annexure A4 TRUE COPY OF THE ARBITRATION NOTICE DATED
30.06.2025
Annexure A5 THE TRUE COPY OF THE ACKNOWLEDGMENT CARD
RETURNED BY THE 2ND RESPONDENT DATED
08.07.2025
