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2019 Supreme(Online)(KER) 43017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
AR.No.59 OF 2019
PETITIONER:
MUHAMMED.N
AGED 58 YEARS
S/O. UMMER, NASUVILATHEL HOUSE, AMBALAVAYAL, WAYANAD
DISTRICT, KERALA-673 593.
BY ADVS.
SRI.SUBHASH SYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH (S-3453)
RESPONDENTS:
1
IBRAHIM KANDOTH
S/O.LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL P.O,
THOMATTUCHAL, EDAKUNNU, WAYANAD DISTRICT,
KERALA-673 581.
2
CANAAN HOLIDAYS PRIVATE LIMITED,
NO. 229/6, KRISHNAGIRI VILLAGE, MEENANGADI,
WAYANAD DISTRICT, KERALA-673 591,
REPRESENTED BY ITS MANAGING DIRECTOR.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON
22.11.2019, ALONG WITH AR.60/2019, AR.61/2019, AR.62/2019,
AR.64/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AR.Nos.59 OF 2019 & CONN.CASES
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA,
1941
AR.No.60 OF 2019
PETITIONER:
SHAMEER.K
AGED 42 YEARS
S/O. SAITHALAVI, KOPPATH HOUSE, AMBALAVAYAL,
WAYANAD DISTRICT, KERALA - 673593.
BY ADVS.
SRI.SUBHASH SYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH (S-3453)
RESPONDENTS:
1
IBRAHIM KANDOTH
S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL
P. O., THOMATTUCHAL, EDAKUNNU, WAYANAD
DISTRICT,
KERALA - 673581.
2
CANAAN HOLIDAYS PRIVATE LIMITED
NO.229/6, KRISHNAGIRI VILLAGE, MEENAGADI,
WAYANAD DISTRICT, KERALA - 673591.
REPRESENTED BY ITS MANAGING DIRECTOR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD
ON 22.11.2019, ALONG WITH AR.59/2019, AR.61/2019,
AR.62/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
AR.Nos.59 OF 2019 & CONN.CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA,
1941
AR.No.61 OF 2019
PETITIONER:
SHAMEER.K
AGED 42 YEARS
S/O. SAITHALAVI, KOPPATH HOUSE, AMBALAVAYAL,
WAYANAD DISTRICT, KERALA - 673593.
BY ADVS.
SRI.SUBHASH SYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH (S-3453)
RESPONDENTS:
1
IBRAHIM KANDOTH
S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL
P. O., THOMATTUCHAL, EDAKUNNU, WAYANAD
DISTRICT,
KERALA - 673581.
2
CANNAN GRANITES & CRUSHERS PRIVATE LIMITED
NO.229/6, KRISHNAGIRI VILLAGE, MEENAGADI,
WAYANAD DISTRICT, KERALA - 673591.
REPRESENTED BY ITS MANAGING DIRECTOR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD
ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019,
AR.62/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
AR.Nos.59 OF 2019 & CONN.CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA,
1941
AR.No.62 OF 2019
PETITIONER:
MUHAMMED.N.
AGED 58 YEARS
S/O. UMMER, NASUVILATHEL HOUSE, AMBALAVAYAL,
WAYANAD DISTRICT, KERALA 673 593
BY ADVS.
SRI.SUBHASH SYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH
RESPONDENTS:
1
IBRAHIM KANDOTH,
S/O. LATE HASSAN, KANDOTH HOUSE, VADUVANCHAL
P.O, THOMATTUCHAL, EDAKUNNU, WAYANAD
DISTRICT,
KERALA 673 581
2
CANAAN GRANITES AND CRUSHERS PRIVATE LIMITED,
NO. 229/6, KRISHNAGIRI VILLAGE, MEENAGADI,
WAYANAD DISTRICT, KERALA 673 591
REPRESENTED BY ITS MANAGING DIRECTOR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD
ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019,
AR.61/2019, AR.64/2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
AR.Nos.59 OF 2019 & CONN.CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA,
1941
AR.No.64 OF 2019
PETITIONER:
SHAMSUDHEEN.M
AGED 38 YEARS
S/O SAINUDEEN,MUSLIYARAKATH HOUSE,
AMBALAVAYAL,WAYANAD DISTRICT,KERALA-673593.
BY ADVS.
SRI.SUBHASH SYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH (S-3453)
RESPONDENTS:
1
IBRAHIM KANDOTH
S/O LATE HASSAN,
AGED 41 YEARS,KANDOTH HOUSE,
VADUVANCHAL.P.O,THOMATTUCHAL,
EDAKUNN,WAYANAD DISTRICT,KERALA-673581.
2
CANAAN HOLIDAYS PRIVATE LIMITED,
NO.229/6,KRISHNAGIRI VILLAGE,MEENAGADI,
WAYANAD DISTRICT,KERALA-673591,
REPRESENTED BY ITS MANAGING DIRECTOR.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD
ON 22.11.2019, ALONG WITH AR.59/2019, AR.60/2019,
AR.61/2019, AR.62/2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
AR.Nos.59 OF 2019 & CONN.CASES
6
Arbitration Request Nos.59, 60, 61, 62 & 64 of 2019
-----------------------------------------------
['SUBHASH CYRIAC', 'SRI S SREEJITHSRI S SREEJITH', 'SHEEBA JOSEPH', 'S SREEJITH']
Despite notice, there is no appearance for the
common respondents in these matters.
2. The materials on record indicate that the
dispute between the petitioners in the matters and the
common respondents are required to be resolved by
recourse to arbitration.
In the result, the Arbitration Requests are
allowed and Adv.Smt.K.K.Raziya, SRRA 131, Sheen,
Shenoy Road, Kaloor, Cochin 682 017 is appointed
provisionally as the Arbitrator to resolve the disputes
between the parties. The registry is directed to obtain
disclosure statement under Section 11(8) of the
Arbitration and Conciliation Act, 1996 from the Arbitrator
and place the matters before the court for confirmation of
7
the appointment of the Arbitrator. The Registry shall
retain the original of the disclosure statement and
append a copy of the same to the order.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
8
APPENDIX OF AR 59/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE AGREEMENT DATED
5.7.2016 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT.
ANNEXURE A2
TRUE COPY OF THE SHARE CERTIFICATE NO.
005 DATED 28.4.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A3
TRUE COPY OF THE SHARE CERTIFICATE NO.
O19 DATED 5.7.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A4
TRUE COPY OF NOTICE DATED 10.04.2019
ISSUED BY ADV. SUBHASH SYRIAC TO THE
1ST RESPONDENT.
ANNEXURE A5
TRUE COPY OF THE REPLY NOTICE DATED
8.5.2019 ISSUED BY ADV. RASHEED.
RESPONDENTS' EXHIBITS: NIL
9
APPENDIX OF AR 60/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE AGREEMENT DATED
05.07.2016 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT.
ANNEXURE A2
TRUE COPY OF THE SHARE CERTIFICATE
NO.005 DATED 28.04.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A3
TRUE COPY OF THE SHARE CERTIFICATE
NO.019 DATED 05.07.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A4
TRUE COPY OF NOTICE DATED 10.04.2019
ISSUED BY ADV. SUBHASH SYRIAC TO THE
1ST RESPONDENT.
ANNEXURE A5
TRUE COPY OF REPLY NOTICE DATED
08.05.2019 ISSUED BY ADV. RASHEED
RESPONDENTS' EXHIBITS: NIL
10
APPENDIX OF AR 61/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE AGREEMENT DATED
05.07.2016 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT.
ANNEXURE A2
TRUE COPY OF THE SHARE CERTIFICATE
NO.005 DATED 28.04.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A3
TRUE COPY OF THE SHARE CERTIFICATE
NO.019 DATED 05.07.2016 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A4
TRUE COPY OF NOTICE DATED 10.04.2019
ISSUED BY ADV. SUBHASH SYRIAC TO THE
1ST RESPONDENT.
ANNEXURE A5
TRUE COPY OF REPLY NOTICE DATED
08.05.2019 ISSUED BY ADV. RASHEED
RESPONDENTS' EXHIBITS: NIL
11
APPENDIX OF AR 62/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE AGREEMENT DATED 5-7-
2016 EXECUTED BETWEEN THE PETITIONER
AND THE 1ST RESPONDENT
ANNEXURE A2
TRUE COPY OF THE SHARE CERTIFICATE NO.
005 DATED 28-4-2016 OF THE 2ND
RESPONDENT COMPANY
ANNEXURE A3
TRUE COPY OF THE SHARE CERTIFICATE NO.
019 DATED 5-7-20166 OF THE 2ND
RESPONDENT COMPANY
ANNEXURE A4
TRUE COPY OF NOTICE DATED 10-04-2019
ISSUED BY ADV. SUBHASH SYRIAC TO THE
1ST RESPONDENT.
ANNEXURE A5
TRUE COPY OF THE REPLY NOTICE DATED 8-
5-2019 ISSUED BY ADV. RASHEED.
RESPONDENTS' EXHIBITS: NIL
12
APPENDIX OF AR 64/2019
PETITIONER'S EXHIBITS:
ANNEXURE A1
TRUE COPY OF THE AGREEMENT DATED
5.7.2016 EXECUTED BETWEEN THE
PETITIONER AND THE 1ST RESPONDENT.
ANNEXURE A2
TRUE COPY OF THE SHARE CERTIFICATE
NO.005 DATED 28.4.2O16 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A3
TRUE COPY OF THE SHARE CERTIFICATE
NO.019 DATED 5.7.2O16 OF THE 2ND
RESPONDENT COMPANY.
ANNEXURE A4
TRUE COPY OF NOTICE DATED 10.4.2019
ISSUED BY ADV.SUBHASH SYRIAC TO THE
1ST RESPONDENT.
ANNEXURE A5
TRUE COPY OF THE REPLY NOTICE DATED
8.5.2019 ISSUED BY ADV.RASHEED.
RESPONDENTS' EXHIBITS: NIL
