Disposed

M/S.G4S Secure Solutions (India) Pvt.Ltd. v. Cochin Inernationl Airport Ltd.

Kerala HC28 Nov 2016AR/87/2016

Case brief

AI extract

What is this about?

The respondent admitted the dues but argued that security bond execution required due to labour authority actions. The court directed the respondent to pay the claimed amount within two weeks and disposed of the arbitration request.

What did the court decide?

Direction to the respondent to make the payment claimed by the petitioner within two weeks from the date of receipt of a copy of this order.

M/S.G4S Secure Solutions (India) Pvt.Ltd. Vs Cochin Inernationl… — Arbitration | Kerala HC (2016)

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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 SHAJI P.CHALY

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MONDAY, THE 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938

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AR.No. 87 of 2016 ()

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PETITIONER(S):

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M/S.G4S SECURE SOLUTIONS (INDIA) PVT.LTD. C-16, COMMUNITY CENTRE, JANAKPURI, BEHIND JANK CINEMA, NEW DELHI-110 058, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADV. SRI.GEORGE POONTHOTTAM

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RESPONDENT(S):

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COCHIN INTERNATIONAL AIRPORT LTD. #35, 4TH FLOOR, GCDA COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN-682 031, REPRESENTED BY ITS MANAGING DIRECTOR.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.S.SUJIN

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 28-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AR.No. 87 of 2016 ()

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE I:	TRUE COPY OF THE AGREEMENT DATED 28.1.2013
ANNEXURE II:	TRUE COPY OF THE COMMUNICATION DATED 01.06.2015 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE III:	TRUE COPY OF THE COMMUNICATION DATED 5.1.2016 ISSUED BY THE PETITIONER TO THE RESPONDENT.
ANNEXURE IV:	TRUE COPY OF THE COMMUNICATION DATED 15.3.2016
ANNEXURE V:	TRUE COPY OF THE COMMUNICATION DATED 25.4.2016 ISSUED BY THE RESPONDENT THROUGH THEIR COUNSEL
ANNEXURE VI:	TRUE COPY OF THE COMMUNICATION DATED 21.6.2016
ANNEXURE VII:	TRUE COPY OF THE COMMUNICATION DATED 16.8.2016
ANNEXURE VIII:	TRUE COPY OF THE COMMUNICATION DATED 30.8.2016

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RESPONDENT'S ANNEXURES: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

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A.R.No.87 of 2016

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Dated this the 28^th day of November, 2016

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ORDER

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Petitioner is a company incorporated under the

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Companies Act, had entered into Annexure-I agreement with respondents for providing security services. According to the petitioner, amounts are due from the respondent. However, in spite of earnest efforts of the petitioner, the said amount is not paid. This is the background facts necessitated the petitioner to approach this Court seeking to appoint an Arbitrator.

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Heard learned counsel for the petitioner and learned Standing Counsel for the respondent.

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Learned counsel for the petitioner reiterated the contentions raised in the writ petition.

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However, learned Standing Counsel submitted that, the amount claimed by the petitioner is admitted. However, since some proceedings were initiated by the labour authorities against the petitioner, petitioner was

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A.R.No.87 of 2016

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asked to execute a bond, in order to augment the situation of any liability imposed by the petitioner. It is also submitted by learned standing counsel that, already petitioner has executed a bond. Therefore, there is no dispute surviving in order to enable the petitioner to invoke Clause 10 of Annexure-I agreement, by and between the parties.

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Learned counsel for the petitioner submitted that,

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payment will be effected, at the earliest.

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Therefore, there will be a direction to the respondent to make the payment claimed by the petitioner, within two weeks from the date of receipt of a copy of this order.

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Arbitration Request is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY,JUDGE

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dlk/29/11/

M/S.G4S Secure Solutions (India) Pvt.Ltd. v. Cochin Inernationl Airport Ltd.

Case brief

What is this about?

What did the court decide?

M/S.G4S Secure Solutions (India) Pvt.Ltd. v. Cochin Inernationl Airport Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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