Allowed

K.Sanish Kumar v. Bharath Sanchar Nigam Ltd.

Kerala HC4 Jan 2017OP(C)/6/2017

Case brief

AI extract

What is this about?

The court allowed the original petition challenging an order that closed a suit under Section 8(2) of the Arbitration Act. Following a similar precedent, the court directed the lower court to reconsider the suit and pass appropriate orders.

What did the court decide?

The original petition was allowed; parties directed to appear before the lower court on 23.01.2017 for reconsideration of the suit.

K.Sanish Kumar Vs Bharath Sanchar Nigam Ltd. — 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. 6 of 2017 (O)

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ORDER DTD.7.9.2016 IN IA.3823/2016 IN OS.NO.227/2016 OF ADDITIONAL MUNSIFF'S COURT-I, ERNAKULAM

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PETITIONER(S)/RESPONDENT-PLAINTIFF:

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K.SANISH KUMAR, S/O.K.VELAYUDHAN, AGED 38, BSNL STAFF QUARTERS NO.B15, CC NO.56/2432, PANAMPILLY NAGAR, KOCHI-682 036 (MECHANIC (AR) SK, NAVAL AIRCRAFT YARD, NAVAL BASE P.O., KOCHI-682 004).

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BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN

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RESPONDENT(S)/PETITIONER-DEFENDANT:

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BHARATH SANCHAR NIGAM LTD., REPRESENTED BY THE ASSISTANT GENERAL MANAGER (BUILDING PLANNING), OFFICE OF 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. 6 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 6.2.2016 IN O.S.NO.227/2016 OF THE I 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 7.11.2015. EXHIBIT-P4 TRUE COPY OF THE PETITION DATED 15.5.2016 IN I.A.NO.3823/2016 FILED BY THE RESPONDENT IN EXT.P1 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 I.A.NO.3823/2016 FILED BY THE RESPONDENT IN EXT.P1 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. 6 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.3823/2016 in OS No.227/2016 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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O.P.(C) No. 6 of 2017

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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 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/-

K.Sanish Kumar v. Bharath Sanchar Nigam Ltd.

Case brief

What is this about?

What did the court decide?

K.Sanish Kumar v. Bharath Sanchar Nigam Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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