Allowed

S K Azfar Ali v. Bharath Sanchar Nigam Limited

Kerala HC4 Jan 2017OP(C)/4/2017

Case brief

AI extract

What is this about?

This court allowed an original petition challenging an order that closed a suit under Section 8 of the Arbitration Act. The court relied on a recent decision (OP(C) No.3113/2016) to direct the trial court to reconsider the suit.

What did the court decide?

Allowed the original petition directed the court below to reconsider the suit and pass appropriate orders in accordance with law.

S K Azfar Ali Vs Bharath Sanchar Nigam Limited — Arbitration | Kerala HC (2017)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 4TH DAY OF JANUARY 2017/14TH POUSHA, 1938

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OP(C).No. 4 of 2017 (O)

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ORDER DATED 07-09-2016 IN OS 256/2016 OF ADDITIONAL MUNSIFF'S COURT-I, ERNAKULAM

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PETITIONER(S)/RESPONDENT/PLAINTIFF:

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S.K. AZFAR ALI, S/O S.K. ABDUL LATIF, AGED 42, BSNL STAFF QUARTERS NO.B-39, H.NO.56/1240, PANAMPILLY NAGAR, KOCHI-36 (CHARGEMAN (AL), NAVAL AICRAFT YARD, NAVAL BASE, KOCHI-682 004).

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BY ADVS.DR.V.N.SANKARJEE

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SRI.V.N.MADHUSUDANAN

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RESPONDENT(S)/PETITIONER-DEFENDANT:

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BHARATH SANCHAR NIGAM LIMITED, REPRESENTED BY THE ASSISTANT GENERAL MANAGER, (BUILDING PLANNING), OFFICE OF THE PGMT, BSNL, BSNL BHAVAN, KALATHIPARAMBU ROAD, KOCHI-682 016.

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BY SRI.K.M.JAMALUDEEN, SC, BSNL

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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OP(C).No. 4 of 2017 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 4.2.2016 IN OS NO.256/2016 OF THE IST ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.

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EXHIBIT P2 TRUE COPY OF THE MODIFIED POLICY DATED 6.8.2015 ISSUED BY THE RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE LEASE AGREEMENT DATED 15.12.2015.

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EXHIBIT P4 TRUE COPY OF THE PETITION DATED 15.5.2016 IN IA NO.3819/2016 FILED BY THE RESPONDENT IN EXT.P-1 SUIT.

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EXHIBIT P5 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 24.7.2016 IN EXT.P4.

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EXHIBIT P6 TRUE COPY OF THE ORDER DATED 7.9.2016 IN IA NO.3819/2016 FILED BY THE RESPONDENT IN EXT.P-1 SUIT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

A. MUHAMED MUSTAQUE, J.

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O.P.(C) No. 4 of 2017

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Dated this the 4^th day of January, 2017

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J U D G M E N T

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1.This original petition is filed challenging Ext.P6 order

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dated 07.09.2016 in IA No.3819/2016 in OS No.256/2016 on the file of the 1^st Additional Munsiff's Court, Ernakulam.

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2.The above order is arising from an application filed under Section 8(2) of the Arbitration Act. The court below, having noted the arbitration agreement, allowed the application filed by the respondent/the defendant in the suit, and closed the suit. It is challenging this order, the petitioner has come up before this Court.

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3.In fact, the issue is covered in favour of the petitioner. This Court, in several similar cases, directed the court below to reconsider the suit and to pass appropriate orders in accordance with law. OP(C) No.3113/2016 is

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..2..

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one among them.

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4.Therefore, this original petition is allowed in the light of

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the judgment dated 07.12.2016 in OP(C) No.3113/2016. The directions in the above judgment will follow in this

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case also.

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5.Parties shall appear before the court below on

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23.01.2017.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

S K Azfar Ali v. Bharath Sanchar Nigam Limited

Case brief

What is this about?

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S K Azfar Ali v. Bharath Sanchar Nigam Limited

Case brief

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