High Court at Ernakulam transferred an arbitration appeal back to the District Court, Thiruvananthapuram, for presentation as per jurisdictional requirements, dismissing the possibility of direct filing in the High Court.
Arbitration appeal remanded to be presented before the District Court, Thiruvananthapuram, on or before 07.04.2021.
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 MRS. JUSTICE MARY JOSEPH
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
Arb.A.No.13 OF 2021
AGAINST THE ORDER IN O.P.(ARB) 19/2020 DATED 19-01-2021 OF PRINCIPAL SUB COURT,THIRUVANANTHAPURAM
APPELLANT/RESPONDENT:
M/S.M.SQUARED SOFTWARE & SERVICE PVT.LTD., M.SQUARED BUILDING,TECHNOPARK CAMPUS, KARYAVATTOM,THIRUVANANTHAPURAM-695581, REPRESENTED BY ITS PRESENT CHIEF TECHNICAL OFFICER,SIJU THARAKAN,AGED 44, S/O LATE MR.SIMON.
BY ADV. SRI.A.S.SHAMMY RAJ
RESPONDENT/PETITIONER:
DR.JUSTIN ANTONY, AGED 50, ROOM NO.1,CHETTUNGAL BUILDINGS, ANGAMAALY.P.O, ERNAKULAM-683572.
BY ADVS. SRI.V.BOVAN CHERIAN VARKEY (CAVEATOR) SRI.RENJITH RAJAPPAN
THIS ARBITRATION APPEAL HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Arb.A.No.13 OF 2021 2
JUDGMENT
Dated this the 29th day of March, 2021
This Appeal being originated from an order passed by Principal Sub Judge, Thiruvananthapuram, necessarily the appeal shall be filed before the District Court, Thiruvananthapuram. Therefore, the Arbitration Appeal is returned for presentation before the District Court, Thiruvananthapuram. The Appeal shall
be presented on or before 07.04.2021.
Sd/-
MARY JOSEPH
JUDGE
MJL
Arb.A.No.13 OF 2021 3
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE AGREEMENT DATED 17.5.2019 ENTERED INTO BETWEEN APPELLANT AND RESPONDENT ALONG WITH EXPENSE STATEMENT. ANNEXURE A2 TRUE COPY OF THE LEGAL NOTICE DATED 27.5.2020 ISSUED BY APPELLANT'S COUNSEL TO THE RESPONDENT. ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION NO.19/2020 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL SUB COURT,THIRUVANANTHAPURAM DATED 13.10.2020. ANNEXURE A4 TRUE COPY OF THE OBJECTION FILED BY THE APPELLANT IN O.P.NO.19/2020 ON THE FILE OF PRINCIPAL SUB COURT,THIRUVANANTHAPURAM DATED 1.7.2021.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
2 issues framed by the court
Whether the arbitration appeal filed by the appellant is maintainable before the High Court directly or needs to be presented before the District Court.
The authority before which an arbitration appeal against an order of the Principal Sub Court should be placed.
M/S.M.SQUARED SOFTWARE & SERVICE PVT.LTD.
DR.JUSTIN ANTONY
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
