Remanded

M/S Otis Elevator Company India Limited v. M/S. Welcare Medical and Educational Trust

Kerala HC23 Oct 2018CRP/470/2017

Case brief

AI extract

What is this about?

The High Court in this revision petition held that production of the original or certified copy of an arbitration agreement is not necessary when execution of the agreement is admitted. The order rejecting the Section 8 application was set aside, and the matter was remanded to the lower court.

What did the court decide?

The lower court's order was set aside, and the matter was remanded for proper disposal in accordance with the law in force.

M/S Otis Elevator Company India Limited Vs M/S. Welcare Medical… — Arbitration | Kerala HC (2018)

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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 P.SOMARAJAN

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TUESDAY,THE 23RD DAY OF OCTOBER 2018/1ST KARTHIKA, 1940

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CRP.No.470 of 2017

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AGAINST THE ORDER DATED 30.6.2017 IN I.A.NO.707/2015 IN OS NO.1067/2014 of I ADDL.MUNSIFF'S COURT, ERNAKULAM.

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REVISION PETITIONER/PETITIONER/DEFENDANT:

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M/S. OTIS ELEVATOR COMPANY INDIA LIMITED A-1,AROMA GARDENS, SRM ROAD, LISSIE JUNCTION, KOCHI 682 018,REPRESENTED BY ITS AUTHORISED SIGNATORY DEEPAK SAKTHAR, AREA MANAGER.

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BY ADVS. SRI.P.JAYABAL MENON SRI.JAGAN ABRAHAM M.GEORGE

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RESPONDENT/RESPONDENT/PLAINTIFF:

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M/S. WELCARE MEDICAL AND EDUCATIONAL TRUST, DOOR NO.39/1221,S.A. ROAD, VYTTILA, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, P. MATHAI.

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BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.E.M.ABDUL KHADER SMT.AMRIN FATHIMA SRI.AVINASH P RAVEENDRAN SMT.M.A.VAHEEDA BABU SRI.K.M.FAISAL (KALAMASSERY) SRI.MITHUN BABY JOHN SRI.P.U.VINOD KUMAR SRI.RAHUL ROY

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.R.P.No.470 of 2017

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O R D E R

Against the order in I.A.No.707 of 2015 in

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O.S.No.1067 of 2014 of the I Additional Munsiff's

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Court, Ernakulam, dated 30.6.2017, the petitioner/ defendant came up with this Revision.

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The suit was filed by the plaintiff for recovery of money in connection with installation of lifts. The defendant entered appearance. Before the submission of their written contention (written statement), an application in I.A.No.707 of 2015 was filed for referring the parties to

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arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The said application was rejected on the ground that the original or certified copy of the arbitration agreement was not produced along with the application. The only defence raised by the plaintiff is that the earlier agreement need not be performed as there is a novation of the agreement by the act of parties, but no document was produced to show any

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C.R.P.No.470 of 2017

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:: 3 ::

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novation or subsequent agreement and hence the lower court rejected the said contention.

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When there is an admission regarding

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execution of an agreement containing arbitration clause by the parties to the lis, necessarily there is no need to produce the original or certified copy of the arbitration agreement. Even according to the plaintiff, there existed an agreement containing an arbitration clause and copy of the same was produced as document No.4 along with the plaint. In fact, there is no dispute with respect to existence of an agreement containing an arbitration clause by the plaintiff.

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If that be so, it is not at all necessary to produce the original or certified copy of the arbitration agreement especially when a copy of the same was produced by the plaintiff admitting

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its execution. The legal position was well settled by this Court in Radha N. v. Deepa Restaurant And Bar Attached and Others (2014 KHC 2502) .

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C.R.P.No.470 of 2017

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Hence, the order of the lower court is liable to be set aside. I do so. The matter is remanded back to the lower court for proper disposal in accordance with the law in force. Parties shall appear before the lower court on 9.11.2018.

Sd/

P.SOMARAJAN

JUDGE

ahz/

M/S Otis Elevator Company India Limited v. M/S. Welcare Medical and Educational Trust

Case brief

What is this about?

What did the court decide?

M/S Otis Elevator Company India Limited v. M/S. Welcare Medical and Educational Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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