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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
Malabar International Gold Designs Private Limited – Appellant
Versus
Anil Kumar K V – Respondent
| Table of Content |
|---|
| 1. shareholders bound by restrictive covenants in articles of association. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. parties dispute existence/validity of arbitration and jurisdiction. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 3. court role under s.11 limited to prima facie existence. (Para 19 , 20 , 21 , 22 , 23) |
| 4. appointment of arbitrator to resolve all pending disputes. (Para 24) |
ORDER :
S. Manu, J.
Since common issues are involved in these arbitration requests, they are being disposed of by this common order.
2. Petitioners are companies incorporated under the provisions of the Companies Act, 1956. Malabar International Gold Designs Private Limited is the petitioner in A.R.No.263/2025. The respondent in A.R.No.263/2025 is one of the shareholders of the petitioner company having 300 equity shares of Rs.1,000/- each and 6450 compulsorily convertible debentures of Rs.1,000/- each.
3. In A.R.No.264/2025 the petitioner is Luster Gold Palace (India) Pvt Ltd. The respondent is one of the shareholders of the petitioner company having 190 equity shares of Rs.1,000/- each and 4010 compulsorily convertible debentures of Rs.1,000/- each.
4. In A.R.No.265/2025, Malabar Gold S
Under Section 11(6-A) of the Arbitration and Conciliation Act, 1996, the referral court's jurisdiction is strictly limited to prima facie examining the existence of an arbitration agreement. All subs....
The existence of an arbitrable dispute, the validity of the arbitration agreement, and the existence of an arbitrable dispute are to be determined by the arbitral tribunal.
The existence of an arbitration agreement under Section 11(6) allows for disputes related to a memorandum of family settlement to be arbitrable, reinforcing the principle of kompetenz-kompetenz.
The court confirmed that the existence of an arbitration agreement is undisputed, and any claims regarding time-bar should be determined by the arbitral tribunal.
Judicial scrutiny under Section 11 of the Arbitration Act is limited to the prima facie existence of an arbitration agreement, with substantive issues reserved for the arbitral tribunal.
The court confirmed that a prima facie arbitration agreement exists under Section 11(6) of the Arbitration and Conciliation Act, limiting judicial scrutiny to the agreement's existence, deferring sub....
Court has limited jurisdiction under Section 11 of Arbitration and Conciliation Act, 1996.
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....
The presence of a party not residing in India renders the arbitration international, irrespective of other parties acting independently, and mandates jurisdiction lies with the Chief Justice of India....
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