Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
A.K.SUKUMARAN – Appellant
Versus
BHARATH SANCHAR NIGAM LTD – Respondent
| Table of Content |
|---|
| 1. order challenging arbitration referral. (Para 1 , 2) |
| 2. arguments for and against arbitration. (Para 4 , 5) |
| 3. court's rationale against arbitration for eviction. (Para 7 , 9) |
| 4. final decision on jurisdiction. (Para 10) |
JUDGMENT
This Original Petition is filed against Ext. P5 order passed by the I Additional Munsiff Court, Ernakulam, whereby an application filed by the respondent herein under Section 8 of the Arbitration and Conciliation Act (hereinafter referred to as “the Act”) was allowed, by referring the subject matter of the dispute to arbitration.
2. The petitioner herein is the plaintiff in the said suit. He filed the suit seeking to restrain the respondent from forcibly evicting him from the quarters building leased out by the respondent.
3. Heard the learned counsel for the petitioner.
4. The learned counsel for the petitioner submitted that this Court had earlier, in OP(C) No. 3067/2016, considered a similar order passed by the Principal Munsiff Court, Ernakulam, in I.A. No. 4015/2016 in O.S. No. 106/2006, and by order dated 2.12.2016, this Court set aside the order passed by the Munsiff Court under Section 8 of the Act, holding that matters which are no
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
