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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
Agro Indus Credits Limited – Appellant
Versus
Mangalan S. @ Jagan Mangalan S/o Sadasivan – Respondent
The ratio decidendi of this case is that once an arbitral award has been passed, the arbitral tribunal's jurisdiction over the dispute ceases, and the proceedings are considered terminated. To initiate subsequent arbitral proceedings after an award has been annulled or declared null and void, a fresh request or notice must be issued, marking the commencement of new proceedings. The receipt of such a request is a crucial step for the proper invocation of jurisdiction and for calculating limitation periods. Therefore, prior requests or notices, made before the annulment of an award, are insufficient to restart arbitration, and fresh requests are necessary to validly initiate subsequent arbitral proceedings.
| Table of Content |
|---|
| 1. loan agreements and arbitration context (Para 2 , 3) |
| 2. maintaining objections regarding notice under the arbitration act (Para 4 , 6) |
| 3. interpretation of commencement and termination of arbitration (Para 7 , 11 , 12 , 14) |
| 4. fresh proceedings post-annulment of arbitral awards (Para 16 , 18 , 19) |
| 5. requirement of issuing fresh requests for arbitration (Para 20 , 21 , 22) |
ORDER :
1. The legal question to be resolved in this arbitration request pertains to whether a new notice or request must be issued to the respondents to initiate a subsequent arbitral proceeding, in light of the fact that the previous arbitral award was annulled on the rationale that the appointment of the arbitrator was legally untenable.
2. Applicant is a non-banking finance company. The respondents availed two loans of Rs.95,00,000/- and Rs.55,00,000/- from the applicant. An agreement was executed on 17.7.2018 with respect to the loan of Rs.55,00,000/-. Another agreement was executed on 18.9.2018 for availing the loan of Rs.95,00,000/-. Respondents agreed to repay the loans within a period of 36 months’ time. It was also agreed to pay interest at the rate of 20% per annum with monthly rest agreein
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