Prijoei Abraham vs M/S. 'Cri Rubbers India' ,Represented by Its Managing Partner Mr. Jacob Thomas

Type Court Judgment Court Kerala Decided Feb 05, 2024

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https://sooperkanoon.com/case/1285232

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Citation: sooperkanoon.com/1285232
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: Feb 05, 2024
Case Number: AR/4/2024
Subject: Arbitration

Case Summary

AI-generated summary - not the official court judgment text.

Arbitration

Key legal issue: Arbitration

Parties & Advocates

Appellant / Petitioner

Prijoei Abraham

Respondent

M/S. 'Cri Rubbers India' ,Represented by Its Managing Partner Mr. Jacob Thomas

Excerpt

.....in both these cases are for appointment of an arbitrator to decide on the disputes between the parties. even though a contention is taken in ar no.4 of 2024 by the respondents that it is not clear as to what exactly is the arbitrable dispute, the fact remains that there are disputes relating to the transactions between a partnership firm and a limited liability company which has its office is in usa. in the above circumstances, the following orders are passed:(a) i nominate sri.paul simon, koodaram,mourya villas, kennedy mukku, edappally, ernakulam, pin-682024, as the sole arbitrator to adjudicate and resolve the disputes and differences between the parties to this case.(b) the registry is directed to communicate a copy of this order to the learned arbitrator, within a period of two weeks from today and to obtain a statement of disclosure from him under section 11(8) read with section 12(1) of the arbitration and conciliation act, 1996.(c) once the disclosure statement is obtainedfrom the learned arbitrator, the registry shall release the certified copy of this order, with a copy of the said statement appended to it, retaining the original of the same on the files of this case.(d) the fees of the arbitrator shall be governedby the fourth schedule to the arbitration and conciliation act, 1996. sd/- t.r.ravi judge mpm appendix of ar 10/2024 petitioner’s annexures annexure a notary certified copy of the manufacturing agreement dated 26.12.2014 between the applicant and the respondent. annexure b true copy of the last notice dated 21.10.2022 along with its postal receipt sent by the applicant to the respondent. annexure c true copy of the notice dated 05.12.2022 sent by applicant to the respondent. annexure d true copy of the notice of arbitration dated 19.04.2023 along with its postal receipt. annexure e copy of the computer generated printoutof the email letters dated 20.04.2023 sent by the applicant to the respondent and its managing partner with the attachment.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 AR NO. 10 OF 2024 PETITIONER: M/S.CRI RUBBERS 288/XV VIJAYAPURAM PANCHAYAT, VADAVATHOOR P.O., KOTTAYAM - 686010, KERALA STATE, REPRESENTED BY ITS MANAGING PARTNER, JACOB THOMAS, KOSAMATTOM HOUSE, MANARCADU P.O., KOTTAYAM, PIN - 686019.
BY ADVS. ABRAHAM JOSEPH MARKOS V.ABRAHAM MARKOS ISAAC THOMAS P.G.CHANDAPILLAI ABRAHAM ALEXANDER JOSEPH MARKOS SHARAD JOSEPH KODANTHARA JOHN VITHAYATHIL AIBEL MATHEW SIBY RESPONDENT: M/S.CRI RUBBER LLC 6 CARRYVILLE CROSSING, BELLINGHAM, MASSACHUSETTS 02019, UNITED STATES OF AMERICA (USA), REPRESENTED BY ITS MANAGING PARTNER, LEYA THOMAS, 5 RIDGE ROAD, HOPKINTON, MA 01748, U.S.A. THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 05.02.2024, ALONG WITH AR.4/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945 AR NO. 4 OF 2024 PETITIONER: PRIJOEI ABRAHAM AGED 46 YEARS KALLAMPARAMBIL HOUSE, MAKKAPUZHA P.O., MANNAMARUTHY RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 676 NOW RESIDING AT 5TH RIDGE ROAD, BELLINGHAM MASS-02019, USA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER THOMAS A.K THOMAS, AGED 72 YEARS, S/O. A.T. KURIAKOSE, ARRONIL HOUSE, PAZHAVANGADI P.O., PAZHAVANGADI VILLAGE, RANNI TALUK, KERALA, PIN - 689673. BY ADV LUKE J CHIRAYIL RESPONDENTS:
1 M/S. 'CRI RUBBERS INDIA', REPRESENTED BY ITS MANAGING PARTNER MR. JACOB THOMAS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT 288/XV VIJAYAPURAM PANCHAYATH, VADAVATHOOR, KOTTAYAM, KERALA, PIN - 686010. 2 MR. JACOB THOMAS AGED 63 YEARS S/O MR. K.C. THOMAS RESIDING AT KOSHAMATTOM HOUSE, MANARCADU P.O., MANARCADU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTICT, PIN - 686019. 3 MR ABY JACOB AGED 59 YEARS S/O MR. P.I. CHACKO, RESIDING AT PERUMACHERIL HOUSE, CHINGAVANAM P.O., NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686531.
BY ADVS. ABRAHAM JOSEPH MARKOS V.ABRAHAM MARKOS(K/354/1975) ISAAC THOMAS(K/571/2014) P.G.CHANDAPILLAI ABRAHAM(MAH/002141/2016) ALEXANDER JOSEPH MARKOS(K/001270/2018) SHARAD JOSEPH KODANTHARA(K/001677/2018) JOHN VITHAYATHIL(K/001877/2021) AIBEL MATHEW SIBY(K/1376/2020) THIS ARBITRATION REQUEST HAVING COME UP FOR ORDERS ON 05.02.2024, ALONG WITH AR.10/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAVI, J.
--------------------------------------------- AR Nos.10 & 4 of 2024 ------------------------------------------------------ Dated this the 05th day of February, 2024.

ORDER

The requests in both these cases are for appointment of an Arbitrator to decide on the disputes between the parties. Even though a contention is taken in AR No.4 of 2024 by the respondents that it is not clear as to what exactly is the arbitrable dispute, the fact remains that there are disputes relating to the transactions between a partnership firm and a limited liability company which has its office is in USA. In the above circumstances, the following orders are passed:

(a) I nominate Sri.Paul Simon, Koodaram,

Mourya Villas, Kennedy Mukku, Edappally, Ernakulam, Pin-682024, as the sole Arbitrator to adjudicate and resolve the disputes and differences between the parties to this case.

(b) The Registry is directed to communicate a copy of this order to the learned Arbitrator, within a period of two weeks from today and to obtain a Statement of Disclosure from him under Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996.

from the learned Arbitrator, the Registry shall release the certified copy of this order, with a copy of the said statement appended to it, retaining the original of the same on the files of this case.

(d) The fees of the Arbitrator shall be governed

by the Fourth schedule to the Arbitration and Conciliation Act, 1996. Sd/- T.R.RAVI JUDGE mpm APPENDIX OF AR 10/2024 PETITIONER’S ANNEXURES Annexure A NOTARY CERTIFIED COPY OF THE MANUFACTURING AGREEMENT DATED 26.12.2014 BETWEEN THE APPLICANT AND THE RESPONDENT. Annexure B TRUE COPY OF THE LAST NOTICE DATED 21.10.2022 ALONG WITH ITS POSTAL RECEIPT SENT BY THE APPLICANT TO THE RESPONDENT. Annexure C TRUE COPY OF THE NOTICE DATED 05.12.2022 SENT BY APPLICANT TO THE RESPONDENT. Annexure D TRUE COPY OF THE NOTICE OF ARBITRATION DATED 19.04.2023 ALONG WITH ITS POSTAL RECEIPT. Annexure E COPY OF THE COMPUTER GENERATED PRINTOUT

OF THE EMAIL LETTERS DATED 20.04.2023 SENT BY THE APPLICANT TO THE RESPONDENT AND ITS MANAGING PARTNER WITH THE ATTACHMENT BEING THE SAID NOTICE OF ARBITRATION DATED 19.04.2023 ALONG WITH EMAIL CERTIFICATION.

APPENDIX OF AR 4/2024 PETITIONER’S ANNEXURES Annexure A TRUE COPY OF THE PARTNERSHIP DEED DATED AND THE 2ND AND 3RD RESPONDENT HEREIN. Annexure B TRUE COPY OF NOTICE DATED 18/3/2022 ISSUED BY ADV. RAYIN K.R, ADVOCATE KOTTAYAM, ON BEHALF OF THE PETITIONER HEREIN. Annexure C TRUE COPY OF THE REPLY NOTICE DATED RESPONDENTS HEREIN TO THE PETITIONER HEREIN AND TO ADV. RAYIN K.R.

Same Court & Year Kerala · 2024 Same Parties Prijoei Abraham vs M/S. 'Cri Rubbers India' ,Represented by I... Same Subject Arbitration Same Judge Honourable Mr. Justice T.R.Ravi