The High Court of Kerala dismissed an arbitration appeal holding that it became infructuous because the impugned order in the underlying proceedings was disposed of by a judgment delivered on the same day the appeal was filed.
Appeal dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
Arb.A.No.29 OF 2020
AGAINST THE ORDER IN OP(ICA) 2/2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
ABAAN IMPEX PVT. LTD
1551 P.S. COMPLEX, SRIKARYAM, THIRUVANANTHAPURAM KERALA, 695 017, REPRESENTED BY ITS MANAGING DIRECTOR MR. NAJEEB.
BY ADVS.
SRI.B.ASHOK SHENOY SMT.C.G.PREETHA SRI.P.S.GIREESH SRI.RIYAL DEVASSY
RESPONDENTS/RESPONDENTS:
Arb.A.29/2020
2
3 BOARD OF TRUSTEES V.O. CHIDAMBARANAR PORT TRUST, TUTICORIN, TAMIL NADU, PIN 628 004, REPRESENTED BY ITS CHAIRMAN.
R1 BY ADV. SRI.AJIT JOY R1 BY ADV. SRI.ANEESH JAMES
THIS ARBITRATION APPEAL HAVING COME UP FOR ADMISSION ON 03.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Arb.A.29/2020
3
JUDGMENT
Ravikumar, J.
This appeal is filed against order dated 19.6.2020 in O.P. (ICA)No.2 of 2018. Virtually, it is an order passed under section 9 of the Arbitration and Conciliation Act and the appeal is filed under section 37(1)(b) of the Act. When this matter is taken up for consideration, the learned counsel for the appellant submitted that O.P. (ICA)No.2 of 2018 was disposed of as per judgment dated 22.10.2020 and in such circumstances, the appeal has become infructuous. Recording the said submission, this appeal is dismissed as infructuous.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL JUDGE
spc/
Abaan Impex Pvt. Ltd
M/s. Suryadeep International Fzc Saif Lounge
M/s. Chola Logistiks Pvt. Ltd.
Board of Trustees V.O. Chidambaramar Port Trust
Commissioner of Customs
C.T.Ravikumar
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
