Dismissed

Babulal.G v. Samson and Sons Builders & Developers (P) Ltd.

Kerala HC3 Jun 2019AR/79/2017

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an arbitration request. The petitioner failed to appear on the disposal date despite previous orders directing the production of a disclosure statement, leading the court to infer a lack of interest in the proceedings.

What did the court decide?

The Arbitration Request is dismissed as the petitioner is deemed not interested in proceeding.

Babulal.G Vs Samson and Sons Builders & Developers (P) Ltd. — Arbitration | Kerala HC (2019)

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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 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

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AR.No. 79 of 2017

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PETITIONER/S:

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BABULAL.G AGED 56 YEARS, S/O GOPALA PILLAI, RESIDING AT UZHUVATHU, ENATHU, PATHANAMTHITTA- 691 526

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BY ADVS. SRI.BIJU ABRAHAM SRI.J.G.SYAMNATH

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RESPONDENT/S:

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1 SAMSON AND SONS BUILDERS & DEVELOPERS (P) LTD TC 3/679, KALIVEENA BUILDING, MUTTADA P.O. THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR MR. JOHN JACOB, S/O JACOB SAMSON, TC 3/678, KANNIMATTTOM, TKD ROAD, MUTTADA P.O. THIRUVANANTHAPURAM- 695 025

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2 JOHN JACOB S/O JACOB SAMSON,TC 3/678, KANNIMATTTOM, TKD ROAD, MUTTADA P.O. THIRUVANANTHAPURAM- 695 025

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AR.No. 79 of 2017 2

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ORDER

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This Arbitration Request is placed before this

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Court, since in accordance with the orders passed in the Arbitration Request appointing a retired District Judge as the arbitrator and directing the petitioner to produce the disclosure statement is not produced before this Court, in order to issue certified copy as per the directions contained in the Arbitration Request order. This matter was placed before this Court on 31.05.2019, on which date there was no representation for the petitioner. It was accordingly posted in the disposal list today. Today also there is no representation.

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Therefore, I have no reason to think that,

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petitioner is interested anymore in proceeding with the arbitration.

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Therefore the Arbitration Request will stand

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dismissed.

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Sd/-

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SHAJI P.CHALY JUDGE

hmh

AR.No. 79 of 2017 3

APPENDIX

PETITIONER'S/S EXHIBITS

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ANNEXURE A1	A TRUE COPY DATED 30.03.201	OF THE AGREEMENT 3
ANNEXURE A2	A TRUE COPY OF 30.03.2013	THE RECEIPT DATED
ANNEXURE A3	A TRUE COPY OF 22.08.2013	THE RECEIPT DATED
ANNEXURE A4	A TRUE COPY OF 09.09.2013	THE RECEIPT DATED
ANNEXURE A5	A TRUE COPY 10.06.2015	OF RECEIPT DATED
ANNEXURE A6	A TRUE COPY OF DATED 10.02.201	THE LAWYER NOTICE 7
ANNEXURE A7	A TRUE COPY ACKNNOWLEDGEMEN	OF THE POSTAL T DATED 17.02.2017
RESPONDENT'S/S EXHIBITS	NIL

Babulal.G v. Samson and Sons Builders & Developers (P) Ltd.

Case brief

What is this about?

What did the court decide?

Babulal.G v. Samson and Sons Builders & Developers (P) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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