Dismissed

K.Gopalan v. M/S.Shriram Transport Finance Co.Ltd.

Kerala HC11 Sept 2012CRP/567/2011

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a civil revision petition challenging an order referring parties to arbitration. The court held that the revision is expressly barred under Section 115(1) CPC since setting aside the order would only revive the pending suit. Dismissed without prejudice to further challenges.

What did the court decide?

Civil Revision Petition dismissed without prejudice to the right to challenge the order appropriately.

K.Gopalan Vs M/S.Shriram Transport Finance… — Civil Procedure and Limitation | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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TUESDAY, THE 11TH DAY OF SEPTEMBER 2012/20TH BHADRA 1934

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CRP.No. 567 of 2011 ( )

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OS.81/2009 of II ADDL.SUB COURT,KOZHIKODE

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REVISION PETITIONER/1ST RESPONDENT/PLAINTIFF:

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K.GOPALAN, S/P.PACHER, AGED 69 YEARS, KRISHNAPURI, THRIKOTTUR AMSOM, PALODE DESOM THIKKODI-673 529, KOYILANDY TALUK KOZHIKODE DISTRICT.

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BY ADV. SRI.C.P.MOHAMMED NIAS

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RESPONDENTS/PETITIONERS & RESPONDENTS 2 AND 3/DEFENDANTS:

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1. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD.,

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(FORMERLY KNOWN AS M/S.SHRIRAM INVESTMENTS LTD.) 123, ANGAPPA NAIDU STREET, CHENNAI-600 001 REPRESENTED BY ITS MANAGING DIRECTOR.

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2. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., BRANCH-CALICUT (FORMERLY KNOWN AS M/S.SHRIRAM INVESTMENTS LTD.) SEEPADAM BUILDING, CHEROOTY ROAD KALATHINKUNU AMSOM DESOM, KOZHIKODE-673 529.

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3. TAMILNADU MERCANTILE BANK LTD., HEAD OFFICE, OFFICE NO.57, V.F.ROAD THOOTHUKUDI-628 002, TAMIL NADU REPRESENTED BY ITS MANAGING DIRECTOR.

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4. TAMILNADU MERCANTILE BANK LTD., 6/1167, CHEROOTY ROAD, KALATHINKUNNU AMSOM DESOM KOZHIKODE-BY ITS MANAGER-673 529.

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R1 BY ADV. SRI.RAJESH NAMBIAR

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R3, R9 BY ADV. SRI.RAJESH THOMAS

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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C.R.P.No.567 of 2011

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= = = = = = = = = = = == = = = = Dated this the 11^th day of September, 2012

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O R D E R

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An order referring the parties to arbitration in terms of the Arbitration and Conciliation Act, 1996 is under challenge. The impugned order if set aside would only resurrect the suit to file. The suit for realisation of money and for consequential reliefs does not finally terminate. Therefore the Civil Revision Petition is expressely barred under the proviso to Section 115(1) of the Code of Civil Procedure .

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The Civil Revision Petition is dismissed without prejudice to the right of the petitioner to challenge the order appropriately.

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V.CHITAMBARESH. JUDGE

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smm

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K.Gopalan v. M/S.Shriram Transport Finance Co.Ltd.

Case brief

What is this about?

What did the court decide?

K.Gopalan v. M/S.Shriram Transport Finance Co.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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