Disposed

Abraham T. Kuruvilla v. P.M. Philipose

Kerala HC12 Jul 2022AR/125/2022

Case brief

AI extract

What is this about?

The High Court of Kerala appointed a provisional sole arbitrator in an arbitration request filed under Section 11 of the Arbitration and Conciliation Act to resolve a dispute regarding the conveyance of shares in the SARK Group of Companies.

What did the court decide?

Appointment of Retd. Justice K.T. Sankaran as provisional sole arbitrator; directions for disclosure statement and payment of fees.

Abraham T. Kuruvilla Vs P.M. Philipose — Arbitration | Kerala HC (2022)

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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 SATHISH NINAN

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TUESDAY, THE 12^TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 AR NO. 125 OF 2022

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PETITIONERS:

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1 ABRAHAM T. KURUVILLA AGED 69 YEARS, S/O LATE T.C.ABRAHAM, THURUTHITHARA HOUSE, NEELAMPEROOR, EARA NORTH P.O., ALAPPUZHA DISTRICT, PIN - 686534 2 SUSAN KURUVILLA AGED 60 YEARS W/O. ABRAHAM T. KURUVILLA, THURUTHITHARA HOUSE, NEELAMPEROOR, EARA NORTH P.O., ALAPPUZHA DISTRICT, PIN 686534. BY ADVS. M.RISHIKESH SHENOY ANIL XAVIER SMITHA S.

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RESPONDENTS:

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1 P.M. PHILIPOSE, AGED 64 YEARS, S/O LATE M.P.MATHEW, PULICKATHARAYIL HOUSE, CHERUKOLE P.O., KOZHENCHERRY-689650, PATHANAMTHITTA DISTRICT.

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2 BEENA PHILIPOSE, AGED 62 YEARS W/O. P. M. PHILIPOSE, PULICKATHARAYIL HOUSE, CHERUKOLE P.O., KOZHENCHERRY - 689650 , PATHANAMTHITTA DISTRICT. 3 ARUN MATHEWS PHILIP, AGED 36 YEARS S/O. P. M. PHILIPOSE, PULICKATHARAYIL HOUSE, CHERUKOLE P.O., KOZHENCHERRY - 689650 , PATHANAMTHITTA DISTRICT.

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AR NO. 125 OF 2022 -2-

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4 BENEETHA ELIZABETH THOMAS, AGED 34 YEARS W/O. ARUN MATHEWS PHILIP, PULICKATHARAYIL HOUSE, CHERUKOLE P.O., KOZHENCHERRY, PATHANAMTHITTA DISTRICT.

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BY ADVS. Mathew John ABY J AUGUSTINE

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THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J. = = = = = = = = = = = = = = = = = = Arbitration Request No.125 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 12^th day of July, 2022

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O R D E R

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Annexure-A agreement dated 01.06.2020 was executed

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between the petitioners and the respondents, where under, the respondents agreed to convey the shares held

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by them in the SARK Group of Companies, to the petitioners. Annexure-B is the agreement extending the period under Annexure-A agreement. There arose dispute between the parties regarding compliance with the terms of the agreements. Though the agreement provides for resolution of disputes by arbitration, the parties were not able to arrive at a consensus regarding the appointment of an Arbitrator. It is accordingly that the petitioners have approached this Court under Section 11 of the Arbitration and Conciliation Act, 1996.

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A. R. No.125 of 2022

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-: 2 :-

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Heard learned counsel on either sides.

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The existence of an arbitration clause in

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Annexure-A agreement is not disputed. Clause 6.1 is the relevant clause and it reads thus:-

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“All disputes arising under or in connection with this agreement or its validity shall be through mediation. If the dispute is not so resolved, the Parties to move for constituting an Arbitration Tribunal, as per the provisions of Arbitration and Conciliation Act, 1996.”

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The contentions urged by the rival sides on the merits

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are to be urged before the Arbitrator. Accordingly the Arbitration Request is ordered as hereunder :-

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(a) Retd. Justice K.T.Sankaran, 'Savithri', Shenoy Road, Kaloor, Kochi-682017, is nominated provisionally as the Sole Arbitrator to adjudicate upon the disputes between the parties.

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(b) A copy of this order shall be communicated to the learned Sole Arbitrator by the Advocate of the applicant within a period of one week from today. A copy

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A. R. No.125 of 2022

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-: 3 :-

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of the order shall also be forwarded to the learned Sole

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Arbitrator by the Registry.

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statement of disclosure under Section 11(8) r/w Section 12(1) of the Arbitration and Conciliation Act, 1996.

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(d) The registry shall place the disclosure

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statement before this Court, for confirmation of the appointment of the Arbitrator.

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(e) The Arbitrator's fees shall be payable as per

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IV^th Schedule to the Arbitration and Conciliation Act, 1996.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF AR 125/2022

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PETITIONER ANNEXURES

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Annexure A	TRUE COPY OF THE ARBITRATION AGREEMENT DATED 01/06/2020 BETWEEN THE PARTIES (NOTARISED COPY)
Annexure B	TRUE COPY OF THE EXTENSION AGREEMENT DATED 01/06/2021 EXECUTED BETWEEN THE PARTIES. (NOTARISED COPY)
Annexure C	TRUE COPY OF THE NOTICE DATED 27/10/2021 ISSUED BY THE PETITIONERS TO THE RESPONDENTS
Annexure D	TRUE COPY OF THE NOTICE DATED 18/11/2021 ISSUED BY THE PETITIONERS TO THE RESPONDENTS.
Annexure E	TRUE COPY OF THE REPLY NOTICE DATED 01/12/2021 ISSUED BY THE RESPONDENTS TO THE PETITIONERS.

Abraham T. Kuruvilla v. P.M. Philipose

Case brief

What is this about?

What did the court decide?

Abraham T. Kuruvilla v. P.M. Philipose

Case brief

What is this about?

What did the court decide?

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