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2023 Supreme(Online)(KER) 10842

HIGH COURT OF KERALA
Devan Ramachandran, J
C.H. ROOPESH – Appellant
Versus
SUNILKUMAR – Respondent


Advocates:
P.K.SAJEEV, K.S.RAJESH, M.SHAJU PURUSHOTHAMAN(K/353/1998)

O R D E R

The parties, through their learned respective counsel, are ad idem that Annexure – F judgment of the court of the Additional Munsiff, Irinjalakuda, in O.S.No.268/2022 filed by petitioner herein, binds both of them.

2. It transpires that the petitioner had approached the Civil Court alleging that disputes had arisen between the parties with respect to Annexure-A agreement; but that Annexure-F judgment was issued, holding that since there is an arbitration clause in the said agreement, the suit is not maintainable.

3. Since the parties are now without dispute that Annexure – F judgment remains without contest from either of their sides, I am certain that this Court should take full cognizance of the same.

4. As far as the facts involved in this case are concerned, the petitioner alleges that he had entered into Annexure-A Agreement with the predecessor-in-interest of the respondent and that the dispute arose between them with respect to its terms. He asserts that, as per Clause 16 of Annexure-A Agreement, the parties are now bound to agree to adjudicate and resolve the disputes between them as per the provisions of the Arbitration and Conciliation Act, 1996 (‘the Act’ for sho

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