Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM
Laly Joseph – Appellant
Versus
Chazhikattu Hospitals Private Limited – Respondent
ORDER :
M.A.ABDUL HAKHIM, J.
1. This is an Application filed under Section 11 of the Arbitration and Conciliation Act, 1996 , to appoint an Arbitrator for adjudication and determination of all disputes arising out of and in respect of the claim of the Applicant pertaining to the Annexure-1 Agreement.
2. Annexure-1 Agreement titled as “Investment Agreement” dated 27.10.2024 is executed between the Applicant and the respondents 1 to 3. The Agreement was for the purchase of 100% equity shares of the 1st respondent company by the Applicant from the respondents 2 & 3 for a total consideration of Rs.170 Crores. As per the terms of the said Agreement, the Applicant shall pay an amount of Rs.30 Crores as advance consideration. Annexure-1 Agreement would indicate that the Applicant had issued Cheque No.10196422 dated 27.10.2024 drawn on the Federal Bank, Pathadipalam branch in favour of the 1st respondent and it is specifically stated that the said Cheque shall be honoured on 28.10.2024 and that the advance consideration shall be treated as paid only upon realisation of the cheque amount. Clause 6 of Annexure-1 Agreement provides for termination. It is specifically stated that the Agreement sh
The arbitration clause survives termination of the Agreement, and its validity is to be determined by the Arbitrator.
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
A partner's execution of a Facility Agreement binds the LLP, and objections regarding authority or non-signatory status should be resolved in arbitration.
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act requires only a prima facie examination of the arbitration agreement's existence, with mixed questions of law....
(1) Appointment of Arbitrator – Referral Court should be prima facie satisfied that there exists arbitration agreement and as to whether non-signatory is a veritable party.(2) Mere legal or commercia....
Pre-conditions for invoking arbitration clauses may be deemed arbitrary and unconstitutional if they prevent access to judicial resolution, compelling parties to first seek amicable and DRC processes....
Appointment of Arbitrator – Issue of non-arbitrability of dispute is basic for arbitration as it relates to very jurisdiction of Arbitral Tribunal – Arbitral Tribunal may lack jurisdiction for severa....
Appointment of Arbitrator – Arbitral Tribunal is preferred first authority to look into questions of arbitrability and jurisdiction, and courts at referral stage should not venture into contested que....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
