Allowed

Shamsudheen.M v. Ibrahim Kandoth

Kerala HC22 Nov 2019AR/64/2019

Case brief

AI extract

What is this about?

This order grants five arbitration requests. The Court observed that the disputes are arbitrable as per record materials. It appointed an arbitrator provisionally and directed obtaining a disclosure statement under Section 11 of the Act for confirmation of appointment.

What did the court decide?

Arbitration Requests allowed; Smt. K.K. Raziya appointed provisionally as Arbitrator; disclosure statement to be obtained under Section 11(8) of the Arbitration and Conciliation Act, 1996.

Shamsudheen.M Vs Ibrahim Kandoth — Arbitration | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

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AR.No.59 OF 2019

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PETITIONER:

¶7

MUHAMMED.N AGED 58 YEARS

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S/O. UMMER, NASUVILATHEL HOUSE, AMBALAVAYAL, WAYANAD DISTRICT, KERALA-673 593.

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BY ADVS. SRI.SUBHASH SYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH (S-3453)

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RESPONDENTS:

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1 IBRAHIM KANDOTH S/O.LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL P.O, THOMATTUCHAL, EDAKUNNU, WAYANAD DISTRICT, KERALA-673 581.

¶12

2 CANAAN HOLIDAYS PRIVATE LIMITED, NO. 229/6, KRISHNAGIRI VILLAGE, MEENANGADI, WAYANAD DISTRICT, KERALA-673 591, REPRESENTED BY ITS MANAGING DIRECTOR.

¶13

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22.11.2019, ALONG WITH AR.60/2019, AR.61/2019, AR.62/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

AR.Nos.59 OF 2019 & CONN.CASES

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¶16

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶17

PRESENT

¶18

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶19

FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

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AR.No.60 OF 2019

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PETITIONER:

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SHAMEER.K AGED 42 YEARS S/O. SAITHALAVI, KOPPATH HOUSE, AMBALAVAYAL, WAYANAD DISTRICT, KERALA - 673593.

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BY ADVS. SRI.SUBHASH SYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH (S-3453)

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RESPONDENTS:

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1 IBRAHIM KANDOTH

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S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL P. O., THOMATTUCHAL, EDAKUNNU, WAYANAD DISTRICT, KERALA - 673581.

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2 CANAAN HOLIDAYS PRIVATE LIMITED NO.229/6, KRISHNAGIRI VILLAGE, MEENAGADI, WAYANAD DISTRICT, KERALA - 673591. REPRESENTED BY ITS MANAGING DIRECTOR

¶28

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22.11.2019, ALONG WITH AR.59/2019, AR.61/2019, AR.62/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶29

AR.Nos.59 OF 2019 & CONN.CASES

¶30

¶31

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶32

PRESENT

¶33

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶34

FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

¶35

AR.No.61 OF 2019

¶36

PETITIONER:

¶37

SHAMEER.K AGED 42 YEARS S/O. SAITHALAVI, KOPPATH HOUSE, AMBALAVAYAL, WAYANAD DISTRICT, KERALA - 673593.

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BY ADVS. SRI.SUBHASH SYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH (S-3453)

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RESPONDENTS:

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1 IBRAHIM KANDOTH

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S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL P. O., THOMATTUCHAL, EDAKUNNU, WAYANAD DISTRICT, KERALA - 673581.

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2 CANNAN GRANITES & CRUSHERS PRIVATE LIMITED NO.229/6, KRISHNAGIRI VILLAGE, MEENAGADI, WAYANAD DISTRICT, KERALA - 673591. REPRESENTED BY ITS MANAGING DIRECTOR

¶43

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019, AR.62/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶44

AR.Nos.59 OF 2019 & CONN.CASES

¶45

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶49

FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

¶50

AR.No.62 OF 2019

¶51

PETITIONER:

¶52

MUHAMMED.N. AGED 58 YEARS

¶53

S/O. UMMER, NASUVILATHEL HOUSE, AMBALAVAYAL, WAYANAD DISTRICT, KERALA 673 593

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BY ADVS.

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SRI.SUBHASH SYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH

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RESPONDENTS:

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1 IBRAHIM KANDOTH, S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL P.O, THOMATTUCHAL, EDAKUNNU, WAYANAD DISTRICT,

¶58

KERALA 673 581

¶59

2 CANAAN GRANITES AND CRUSHERS PRIVATE LIMITED, NO. 229/6, KRISHNAGIRI VILLAGE, MEENAGADI, WAYANAD DISTRICT, KERALA 673 591 REPRESENTED BY ITS MANAGING DIRECTOR

¶60

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019, AR.61/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶61

AR.Nos.59 OF 2019 & CONN.CASES

¶62

¶63

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶64

PRESENT

¶65

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶66

FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941

¶67

AR.No.64 OF 2019

¶68

PETITIONER:

¶69

SHAMSUDHEEN.M AGED 38 YEARS S/O SAINUDEEN,MUSLIYARAKATH HOUSE, AMBALAVAYAL,WAYANAD DISTRICT,KERALA-673593.

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BY ADVS. SRI.SUBHASH SYRIAC SMT.SHEEBA JOSEPH SRI.S.SREEJITH (S-3453)

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RESPONDENTS:

¶72

1 IBRAHIM KANDOTH S/O LATE HASSAN, AGED 41 YEARS,KANDOTH HOUSE, VADUVANCHAL.P.O,THOMATTUCHAL, EDAKUNN,WAYANAD DISTRICT,KERALA-673581.

¶73

2 CANAAN HOLIDAYS PRIVATE LIMITED, NO.229/6,KRISHNAGIRI VILLAGE,MEENAGADI, WAYANAD DISTRICT,KERALA-673591, REPRESENTED BY ITS MANAGING DIRECTOR.

¶74

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019, AR.61/2019, AR.62/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶75

¶76

AR.Nos.59 OF 2019 & CONN.CASES

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Arbitration Request Nos.59, 60, 61, 62 & 64 of 2019

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O R D E R

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Despite notice, there is no appearance for the common respondents in these matters.

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The materials on record indicate that the dispute between the petitioners in the matters and the common respondents are required to be resolved by recourse to arbitration.

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In the result, the Arbitration Requests are allowed and Adv.Smt.K.K.Raziya, SRRA 131, Sheen, Shenoy Road, Kaloor, Cochin 682 017 is appointed provisionally as the Arbitrator to resolve the disputes between the parties. The registry is directed to obtain disclosure statement under Section 11(8) of the Arbitration and Conciliation Act, 1996 from the Arbitrator and place the matters before the court for confirmation of

¶82

AR.Nos.59 OF 2019 & CONN.CASES

¶83

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the appointment of the Arbitrator. The Registry shall retain the original of the disclosure statement and append a copy of the same to the order.

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Sd/P.B.SURESH KUMAR, JUDGE.

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AR.Nos.59 OF 2019 & CONN.CASES

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APPENDIX OF AR 59/2019

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 5.7.2016 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

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ANNEXURE A2 TRUE COPY OF THE SHARE CERTIFICATE NO. 005 DATED 28.4.2016 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A3 TRUE COPY OF THE SHARE CERTIFICATE NO. O19 DATED 5.7.2016 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A4 TRUE COPY OF NOTICE DATED 10.04.2019 ISSUED BY ADV. SUBHASH SYRIAC TO THE 1ST RESPONDENT.

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ANNEXURE A5 TRUE COPY OF THE REPLY NOTICE DATED 8.5.2019 ISSUED BY ADV. RASHEED.

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RESPONDENTS' EXHIBITS: NIL

¶97

¶98

AR.Nos.59 OF 2019 & CONN.CASES

¶99

APPENDIX OF AR 60/2019

¶100

PETITIONER'S EXHIBITS:

¶101

ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 05.07.2016 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

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ANNEXURE A2 TRUE COPY OF THE SHARE CERTIFICATE NO.005 DATED 28.04.2016 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A3 TRUE COPY OF THE SHARE CERTIFICATE NO.019 DATED 05.07.2016 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A4 TRUE COPY OF NOTICE DATED 10.04.2019 ISSUED BY ADV. SUBHASH SYRIAC TO THE 1ST RESPONDENT.

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ANNEXURE A5 TRUE COPY OF REPLY NOTICE DATED 08.05.2019 ISSUED BY ADV. RASHEED

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RESPONDENTS' EXHIBITS: NIL

¶107

¶108

AR.Nos.59 OF 2019 & CONN.CASES

¶109

APPENDIX OF AR 61/2019

¶110

PETITIONER'S EXHIBITS:

¶111

ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 05.07.2016 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

¶112

ANNEXURE A2 TRUE COPY OF THE SHARE CERTIFICATE NO.005 DATED 28.04.2016 OF THE 2ND RESPONDENT COMPANY.

¶113

ANNEXURE A3 TRUE COPY OF THE SHARE CERTIFICATE NO.019 DATED 05.07.2016 OF THE 2ND RESPONDENT COMPANY.

¶114

ANNEXURE A4 TRUE COPY OF NOTICE DATED 10.04.2019 ISSUED BY ADV. SUBHASH SYRIAC TO THE 1ST RESPONDENT.

¶115

ANNEXURE A5 TRUE COPY OF REPLY NOTICE DATED 08.05.2019 ISSUED BY ADV. RASHEED

¶116

RESPONDENTS' EXHIBITS: NIL

¶117

¶118

AR.Nos.59 OF 2019 & CONN.CASES

¶119

APPENDIX OF AR 62/2019

¶120

PETITIONER'S EXHIBITS:

¶121

ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 5-72016 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT

¶122

ANNEXURE A2 TRUE COPY OF THE SHARE CERTIFICATE NO. 005 DATED 28-4-2016 OF THE 2ND RESPONDENT COMPANY

¶123

ANNEXURE A3 TRUE COPY OF THE SHARE CERTIFICATE NO. 019 DATED 5-7-20166 OF THE 2ND RESPONDENT COMPANY

¶124

ANNEXURE A4 TRUE COPY OF NOTICE DATED 10-04-2019 ISSUED BY ADV. SUBHASH SYRIAC TO THE 1ST RESPONDENT.

¶125

ANNEXURE A5 TRUE COPY OF THE REPLY NOTICE DATED 8- 5-2019 ISSUED BY ADV. RASHEED.

¶126

RESPONDENTS' EXHIBITS: NIL

¶127

¶128

AR.Nos.59 OF 2019 & CONN.CASES

¶129

APPENDIX OF AR 64/2019

¶130

PETITIONER'S EXHIBITS:

¶131

ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 5.7.2016 EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

¶132

ANNEXURE A2 TRUE COPY OF THE SHARE CERTIFICATE NO.005 DATED 28.4.2O16 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A3 TRUE COPY OF THE SHARE CERTIFICATE NO.019 DATED 5.7.2O16 OF THE 2ND RESPONDENT COMPANY.

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ANNEXURE A4 TRUE COPY OF NOTICE DATED 10.4.2019 ISSUED BY ADV.SUBHASH SYRIAC TO THE 1ST RESPONDENT.

¶135

ANNEXURE A5 TRUE COPY OF THE REPLY NOTICE DATED 8.5.2019 ISSUED BY ADV.RASHEED.

¶136

RESPONDENTS' EXHIBITS: NIL

Shamsudheen.M v. Ibrahim Kandoth

Case brief

What is this about?

What did the court decide?

Shamsudheen.M v. Ibrahim Kandoth

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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