Allowed
M/S Naveena Narmada Shopping Complex v. M/S Narmada Consumer Stores Pvt. Ltd.
Kerala HCFAO (RO)/350/2013
Case brief
AI extract
What is this about?
The High Court of Kerala set aside a remand order by the first appellate court which directed a re-refer to arbitration. The court held that the parties had submitted to the civil court's jurisdiction by conducting a full trial despite an arbitration clause, creating an estoppel that makes a subsequent arbitration referral impermissible. The appeals were allowed.
What did the court decide?
The order of remand passed by the first appellate court is set aside. The appeals are allowed. The first appellate court is directed to hear both parties and dispose of the appeal on merits within thr