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2011 Supreme(Ker) 966

THOMAS P.JOSEPH
Aerens Gold Souk International Ltd. – Appellant
Versus
M/S. Parthas Textiles – Respondent


Advocates Appeared:
For the Petitioners:P.B. Krishnan, R.Y. Kalia, P.M. Neelakandan, P.B. Subramanyan, Advocates.
For the Caveator:A. Krishnan, Advocate.

Order :

1) C.R.P. No.604 of 2010 is allowed as under:

(a) Order dated 14.10.2010 on I.A. No.3287of 2010 in O.S. No.311 of 2010 is set aside.

I.A. No.3287 of 2010 will stand allowed as aforesaid.

(2) Arbitration Request No.26 of 2010 is allowed as follows:

(a) Shri A.Haridasan, District Judge (Retd.), Plot No.237, Hill Garden Housing Colony, Kuttanellur, Thrissur-14 is appointed as the Sole Arbitrator to arbitrate the dispute arising with respect of Annexure-B (Anchor-II), agreement.

Registry shall forward a copy of this order to the Arbitrator who shall enter upon arbitration on the claim/dispute being referred to him.

All pending Interlocutory Applications will stand dismissed

Judgment :

THOMAS P.JOSEPH, J.

1. The point urged for a decision in these cases is whether when several causes of action arising from different subject matters which does and does not provide for arbitration are joined in one suit, it is within the power of the court to refer the parties in respect of the disputes arising from subject matters which are subject to an arbitration agreement, to arbitration?

2. Short facts necessary for a decision of the question are: Annexure-A (Anchor-I) agreement to lease was


























































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