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2018 Supreme(Ker) 804

N.ANIL KUMAR
Sathyan M. S. S/o Sudayan – Appellant
Versus
Puthupallipuram SNDP Sakhayogam No. 219 – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. P. Martin Jose, Sri. Eldho Cherian, Sri. P. Prijith, Sri. Thomas P. Kuruvilla
For the Respondents: Sri. Thomas M. Jacob, Sri. Akhil K. Madhav, Sri. T.R. Jerry Sebastian, Sri. K. Jagadheeschandran Nair, Sri. J. Krishnakumar

ORDER :

The important question which arises for consideration in this revision petition is whether Rule 71 of the Rules of the Sree Narayana Dharma Paripalana Yogam, 1999 (hereinafter referred to as 'the Rules'), which provides for resolving disputes arising between the members of the Yogam through arbitration, can constitute an 'arbitration agreement' within the meaning of Section 2(1)(b) and 2(1)(h) read with Section 7 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and whether the application filed by the respondents under Section 8 of the Act can be held as maintainable?

2. The Yogam is a company registered under the Companies Act. It is a three tier system having the Yogam as the apex body and shakhas or branches at lower level. Rule 71 of the Rules inter alia provides that disputes pertaining to the joint clauses, between the members of the Sakha, or between the members of the Sakha and Sakhas, or between the members of the Sakha and the Unions, or between the members of the Sakha and the Yogam, or between the Sakhas, or between the Sakhas and the Union, or between the Sakhas and the Yogam, or between the Unions, or between the Unions and th





























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