IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
TRAVANCORE RURAL DEVELOPMENT PRODUCER COMPANY LTD. – Appellant
Versus
SUDHI SURENDRAN – Respondent
O R D E R
The applicant is a company providing services of technical support, practical assistance and funding assistance to its members for agricultural and non-agricultural purposes. The 1st respondent is a member of the company. He joined in a mutual benefit fund scheme of the company and received an amount of Rs.3,62,500/-. An agreement was executed on 05.01.2017. A copy of the agreement has been produced as Annexure A2. Since there was default in repayment, the applicant invoked the arbitration clause in Annexure A2. Annexure A4 award was passed on 03.09.2018. E.P.No.191 of 2022 was filed to execute Annexure A4 order. By order dated 21.09.2023, the execution court dismissed the E.P holding that the award was unenforceable since the appointment of Arbitrator was unilateral. Thereafter, this Arbitration request was filed to initiate fresh arbitral proceedings.
2. In M/s.Agro Indus Credits Limited v.
Mangalan [2026 (1) KLT 1] , this Court has held that once an award is set aside, to initiate fresh arbitral proceedings, issuing a fresh notice is essential. In the case at hand, the award was found unenforceable by the execution court. In such circumstances also, issuing a fresh noti
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