M/S DM Med City Hospital India (Pvt) Ltd. v. N.P.Joseph
Case brief
What is this about?
High Court of Kerala, on the application of a hospital company under Section 11(9) of the Arbitration and Conciliation Act, 1996, ordered appointment of a sole arbitrator in a land sale dispute, holding minor contract interpretations to be matters for the arbitrator.
What did the court decide?
Appointment of B. G. Harindranath as sole arbitrator; directions to registry for disclosure statement and fee determination.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944
AR NO. 11 OF 2021
PETITIONER
M/S DM MED CITY HOSPITAL INDIA (PVT) LTD.
HAVING ITS REGISTERED OFFICE AT KUTTISAHIB ROAD,
NEAR KOTHAD BRIDGE, SOUTH CHITTOOR P.O,
CHERANELLOOR, KOCHI - 682027, REPRESENTED BY ITS
AUTHORISED SIGNATORY DR. HARISH PILLAI.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SMT.ANN MARIA FRANCIS
SMT.NAMITHA NEETHU BALACHANDRAN
RESPONDENTS
1N.P.JOSEPH
NAYATTIL HOUSE, KORAMPADAM, KOTHAD P.O, KADAMAKUDY
VILLAGE, KANAYANNUR TALUK, PIN – 682027.
2 N.P. ANTONY
NAYATTIL HOUSE, KORAMPADAM, KOTHAD P.O, KADAMAKUDY
VILLAGE, KANAYANNUR TALUK, PIN – 682027.
Issues for consideration
3 issues framed by the court
Whether the court should appoint an arbitrator despite respondent objections regarding waiver or other agreements?
Whether there is a valid arbitration agreement between the parties that binds them?
Whether the materials on record are sufficient to conclude the parties have waived their right to arbitration?
Parties & counsel
- petitioner
M/S DM MED CITY HOSPITAL INDIA (PVT) LTD.
- respondent
N.P. JOSEPH
- respondent
N.P. ANTONY
- respondent
N.P JOY
- respondent
TRESSA JAMES
- respondent
Case details
As recorded by the court registry
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