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2023 Supreme(Online)(KER) 6990

HIGH COURT OF KERALA
AMIT RAWAL, J
DEVASSIA JOSHY
– Appellant
Versus

THANKACHEN KURIAN – Respondent


Advocates:
THOMAS T.VARGHESE, PHILIP T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA, K.R.MONISHA, SREENATH VIJAYARAGHAVAN, ARJUN RAJA, P.C., RAJEEV V.KURUP

O R D E R

The present petition has been filed on behalf of applicant Dewassy Joshy, the second party of Memorandum of Understanding (MOU) dated 01.03.2017 entered with the respondent at Doha, Qatar. Respondent was the Executive Manager of World Plastic Trading Est., Post Box No.17678, Doha, Qatar, an establishment fully owned by a Qatari National with Commercial Registration (C.R.) No.70371. The aforementioned undertaking was entered into on account of the desire expressed by the respondent first party to the Memorandum of Understanding (MOU) whereas the petitioner second party expressed the interest to invest the capital based on the terms and conditions of the MOU-agreement.

2. Respondent- first party to the agreement, the sole owner of the company, taken a premises on the rent of 40,000 Qatar Riyals. There was already an agreement between the respondent-first party and Qatari which clearly defined that the respondent first party was the actual owner of the company and not the Qatari. First party had 51% shares of the company and petitioner, the second party, owned remaining 49% shares. Certain disputes arose between the parties resulting into notice dated 29.02.2020 Ext.A2 from t

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