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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
M/S EASTERN TREADS LTD – Appellant
Versus
C.SANTHOSH KUMAR – Respondent
| Table of Content |
|---|
| 1. case initiated due to cheque dishonor. (Para 1 , 2) |
| 2. court hears from petitioner, respondents absent. (Para 3) |
| 3. court mandates arbitration in line with contractual agreements. (Para 4 , 5) |
| 4. arbitrator appointment made as per statute and agreement. (Para 6) |
O R D E R
The petitioner is a public limited company, who entered into a dealership arrangement for carrying the business of tread rubber products with the respondents as per Annexure-I agreement dated 20.08.2015. Respondents 1 and 2 entered into a guarantee agreement dated 20.08.2015 intending to operate as a continuing guarantee for all credit facilities, indebtedness and liabilities of the 3rd respondent with that of the petitioner. For liability outstanding on account of the 3rd respondent, a cheque for an amount Rs.1,41,999/- was issued and the same was dishonoured as the account was closed and hence Annexure IV lawyer notice dated 18.08.2022 was issued.
2. The petitioner is stated to have approached the Judicial First Class Magistrate Court-I, Ernakulam, with a complaint under Section 138 of the Negotiable Instruments Act. On 14.08.2023, the petitioner issued a Demand cum Arbitration notice demanding the
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