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2026 Supreme(Online)(Ker) 5732

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
DDRC AGILUS PATHLABS LTD – Appellant
Versus
M/S. VALIYATH INSTITUTE OF MEDICAL SCIENCE – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Bharath Murali, Shri.Manu Nair G, Shri.Sidharth Murali, Shri.Ajay Sankar
For the Respondents: Sri.Saju J Panicker, Shri.Kurian K Jose

JUDGMENT

Petitioner entered into a service agreement on

30.12.2023 with the respondent for the supply of diagnostic services on a credit basis. As per the agreement payments ought have been made within 90 days of availing each service. Petitioner states that the respondent failed to make payments as agreed. As of 01.01.2025, it is alleged that the respondent owed a sum of Rs.13,22,813/- (Rupees Thirteen Lakhs Twenty Two Thousand Eight Hundred and Thirteen only) towards the services rendered. Notice was issued demanding payment. However, there was no response from the respondent.

2. Annexure A1 agreement dated 30.12.2023 contains an arbitration clause. Invoking the arbitration clause, Annexure A5 notice was issued on 26.03.2025. However, there was no response from the respondent. Therefore, this arbitration request was filed.

3. Notice was issued and the respondent entered appearance through the learned Counsel. Though parties were referred for mediation, there was no positive outcome.

4. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent. Perused the pleadings and documents. There is a valid arbitration clause in Annexure A1 agreement. It is not di

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