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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
Sigmatic Nidhi Limted, Represented By Its Managing Director Joseph E.A. – Appellant
Versus
Suresh Kumar, S/o. Unnikrishnan – Respondent
| Table of Content |
|---|
| 1. introduction of parties and case context. (Para 1) |
| 2. default in loan repayment and arbitration initiation. (Para 2) |
| 3. challenge to arbitrator's appointment. (Para 3) |
| 4. assessment of the arbitration agreement's validity. (Para 4) |
| 5. arguments regarding the arbitration clause's binding nature. (Para 5 , 6) |
| 6. analysis of arbitration agreement requirements. (Para 7 , 8 , 9) |
| 7. judicial interpretation of arbitration agreements. (Para 10 , 11 , 12) |
| 8. establishing validity without signatures. (Para 13 , 14 , 15 , 16) |
| 9. acknowledgment of the arbitration clause. (Para 17) |
| 10. court's orders on arbitration request. (Para 18 , 19) |
ORDER :
Petitioner is a Limited Company carrying on the business of providing financial assistance. The respondents approached the company for financial assistance. First respondent is the borrower and 2nd and 3rd respondents are co-borrowers. Annexure A2 is a document signed by the respondents which is in the form of an agreement, but not signed by any representative of the petitioner. It contains an arbitration clause.
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