SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 17336

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
CLEAR CREDITS AND INVESTMENT PRIVATE LIMITED – Appellant
Versus
THOBY C. A – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SABU GEORGE, SRI.P.B.SUBRAMANYAN, SRI.MANU VYASAN PETER
For the Respondents:

ORDER

1. This is an application filed under Section 11 of the Arbitration and Conciliation Act , 1996, for appointing an Arbitrator.

2. Even though notice was ordered to the respondents, there is no appearance for them.

3. I heard the learned counsel for the petitioner, Sri. Sabu George. 4. The petitioner seeks to invoke the arbitration clause in the Annexure-A Agreement. Earlier, the petitioner had appointed a sole arbitrator unilaterally to resolve the disputes between the petitioner and the respondents, and the said Arbitrator had rendered Annexure-C Award. Now the contention of the petitioner is that the said Award has become nullity on account of the unilateral appointment of the Arbitrator in view of the decision of this Court in M/s. Hedge Finance Pvt. Ltd v. Bijish Joseph [2022 (4) KLT OnLine 1098]. It is seen that the said unilateral appointment was made after issuing the Annexure-B notice. In view of the nullity of the Annexure-C Award passed by the Arbitrator appointed by the petitioner, this application is liable to be allowed.

5. Accordingly, this Arbitration Request is allowed and it is ordered as follows:

1. Sri. T.P. Saju, Advocate, Nambanath Swathi Building, Ayyantho

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top