WP(C) No. 21980 of 2008 · Kerala High Court
Case at a glance
Outcome
Dismissed
Therefore,without prejudice to the right of the petitioner to challenge theorders before the Commission, this writ petition is dismissed
Provisions considered
Judgment
Operative part
S. SIRI JAGAN, J.------------------------------------W.P.(C)No.21980 OF 2008----------------------------------------Dated this the 22nd day of July, 2008JUDGMENTThis matter relates to proceedings before the ConsumerDisputes Redressal Forum, Kasaragod in C.C.No.11/06. Therespondent filed the C.C. complaining of deficiency in service onthe part of the petitioner. The petitioner raised a contention thatsince there is an arbitration clause in the agreement between thepetitioner and the respondent, the Forum does not havejurisdiction and the parties should be relegated to the arbitrationproceedings. 2. The petitioner filed an Interlocutory Applicationseeking relief under Section 8 of the Arbitration and ConciliationAct, 1996. The same was rejected by Ext.P3 order relying on the Supreme Court decision in Skypak Couriers V. TataChemicals Ltd. [2000(5) SCC 294]. Thereafter, the Forumpassed final order in that C.C., which is Ext.P4. The petitionerchallenges Exts.P3 and P4 orders in this writ petition. Accordingto the petitioner, in view of the arbitration clause, the Forum W.P.(c)No.21980/082could not have considered the matter on merits but insteadshould have relegated the parties to the arbitrationproceedings.I am not inclined to consider the matter on merits in sofar as the petitioner's remedy lies in filing an appeal before the State Consumer Disputes Redressal Commission. Therefore, without prejudice to the right of the petitioner to challenge theorders before the Commission, this writ petition is dismissed. S. SIRI JAGAN, JUDGEAcd W.P.(c)No.21980/083
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore,without prejudice to the right of the petitioner to challenge theorders before the Commission, this writ petition is dismissed
Which court decided this case, and when?
Kerala High Court, on 22 Jul 2008. The bench was S SIRI JAGAN.
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.