TRIVANDRUM v. REVISION
Case at a glance
Outcome
Disposed of
The Civil Revision Petition is disposed of
Provisions considered
Judgment
V.CHITAMBARESH, J......................................C.R.P.No.115/2012........................................Dated this the 18th Day of June, 2012...........................................................
Operative part
O R D E R-------------------An application to refer the parties to arbitration hasnot been entertained on the ground that it is notaccompanied by the original arbitration agreement or theduly certified copy thereof. But then the original arbitrationagreement/ duly certified copy is produced by the plaintiffherself along with the plaint and forms part of the record. The plaintiff has of course produced the agreement tosubstantiate her plea that the same is null and void and thatthe amount advanced should be returned.2. The court below has adopted a hyper technical viewin rejecting the application when the arbitration agreementis very much before it. The judgment in Atul Singh and Others Vs. Suresh Kumar Singh 2008 KHC 6019 SC isdistinguishable since the copy produced therein was not C.R.P.No.115/20122stated to be authentic. I therefore set aside the impugnedorder and direct the Court of the IInd AdditionalSubordinate Judge of Thiruvananthapuram to considerI.A.No.7626/2011 in O.S.No.1254/2011 in accordance with Section 8 (1) of the Arbitration and Conciliation Act, 1996.All other questions are left open to be decided by the courtbelow within a period of two months from the date ofreceipt of a copy of this order. The Civil Revision Petition is disposed of. No costs.V.CHITAMBARESHJUDGERKM
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Civil Revision Petition is disposed of
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 8(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.