General Manager vs General Manager, Mr. K. Kesavadas

Type Court Judgment Court Kerala Decided Jul 06, 2022

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https://sooperkanoon.com/case/1490719

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Citation: sooperkanoon.com/1490719
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Jul 06, 2022
Case Number: RP/503/2022

Parties & Advocates

Appellant / Petitioner

General Manager

Respondent

General Manager, Mr. K. Kesavadas

Excerpt

.....aged 67 years, s/o.mr.o.balakrishna menon. by adv v.j.mathew (sr.) this review petition having come up for admission on 06.07.2022, the court on the same day passed the following: -2-orderit escapes me why this review petition has been filed by the petitioner.2. i say as afore, since this petitionappears to have been impelled with an apprehension that because of the interim orders issued by this court in the admiralty suit, their contention regarding its maintainability, on the ground that there is a valid arbitration clause, will be precluded.3. i am afraid that the afore apprehension iscompletely without basis, because interim orders were issued by this court at the time when the admiralty suit was admitted, without entering into the merits of any of the rival contentions. this was done so as to secure the subject matter of the dispute appositely through interim orders. resultantly, clarifying that this court has -3- not, while the interim orders were issued, dealt with any contention on its merits, including as to whether the suit is maintainable, i close this review petition without any further orders. sd/- devan ramachandran judge akv -4- appendix of rp 503/2022 petitioner annexures annexure1 certified copy of the interim order in admiralty suit no. 2 of 2022 dated 08.04.2022 respondent's/s exhibits : nil. //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944 RP NO. 503 OF 2022 (AGAINST THE INTERIM ORDER DATED 08.04.2022 OF THE HON'BLE HIGH COURT OF KERALA) REVIEW PETITIONERS/DEFENDANTS IN ADMIRALTY SUIT: OWNERS AND PARTIES INTERESTED IN THE VESSEL, "MV CORALS" (IMO-9651008), FLYING THE FLAG OF INDIA PRESENTLY WITHIN THE TERRITORIAL WATERS OF INDIA AND WITHIN THE JURISDICTION OF THE HON'BLE HIGH COURT OF KERALA AND LAKSHADWEP DEVELOPMENT CORPORATION LTD, PIN - 682036. BY ADV S.MANU RESPONDENT/PLAINTIFF: PEIRCE LESLIE INDIA LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS OFFICE AT POST BOX NUMBER 565, DOOR NUMBER 24/1463, BRISTOW ROAD, WILLINGDON ISLAND, KOCHI - 682003, REPRESENTED BY ITS GENERAL MANAGER, MR.K.KESAVADAS, AGED 67 YEARS, S/O.MR.O.BALAKRISHNA MENON. BY ADV V.J.MATHEW (SR.) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

It escapes me why this Review Petition has been filed by the petitioner.

2. I say as afore, since this petition

appears to have been impelled with an apprehension that because of the interim orders issued by this Court in the Admiralty Suit, their contention regarding its maintainability, on the ground that there is a valid Arbitration Clause, will be precluded.

3. I am afraid that the afore apprehension is

completely without basis, because interim orders were issued by this Court at the time when the Admiralty Suit was admitted, without entering into the merits of any of the rival contentions. This was done so as to secure the subject matter of the dispute appositely through interim orders. Resultantly, clarifying that this Court has -3- not, while the interim orders were issued, dealt with any contention on its merits, including as to whether the suit is maintainable, I close this Review Petition without any further orders. Sd/- DEVAN RAMACHANDRAN JUDGE akv -4- APPENDIX OF RP 503/2022 PETITIONER ANNEXURES ANNEXURE1 CERTIFIED COPY OF THE INTERIM ORDER IN ADMIRALTY SUIT NO. 2 OF 2022 DATED 08.04.2022 RESPONDENT'S/S EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2022 Same Parties General Manager vs General Manager, Mr. K. Kesavadas Same Judge Honourable Mr. Justice Devan Ramachandran