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SREI INTERNATIONAL FINANCE LTD.,(CO versus NARAYANAN EMBRAN, PROPRIETOR

High Court of Kerala

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SREI INTERNATIONAL FINANCE LTD.,(CO v. NARAYANAN EMBRAN, PROPRIETOR - WP(C) No. 22994 of 2006(K) [2007] RD-KL 8360 (23 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22994 of 2006(K)

1. SREI INTERNATIONAL FINANCE LTD.,(CO.
... Petitioner

2. THE REGIONAL MANAGER, SREI INTERNATIONAL

3. THE BR.MANAGER, SREI INTRNL.FINANCE LTD.

Vs

1. NARAYANAN EMBRAN, PROPRIETOR,
... Respondent

For Petitioner :SRI.P.K.SURESH KUMAR

For Respondent :SRI.BEPIN VIJAYAN

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :23/05/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No.22994 OF 2006 K

Dated this the 23rd May, 2007.



JUDGMENT

Respondent takes notice through counsel.

2. This writ petition is filed seeking a direction to quash the order passed in O.S.448/2004. The writ petitioners moved an application, I.A.1189/2006 for receiving additional written statement. But the plea which they want to incorporate by way of additional written statement is with regard to an arbitration clause which may affect the jurisdiction of the Civil Court itself. Section 8 of the Arbitration and Conciliation Act, 1996 makes it very clear that the question of arbitration agreement has to be raised by the party not later than when submitting his first statement on the substance of the dispute. So, the competency of the Court to consider the question of arbitration and referring the parties to the arbitration would arise only if such a contention is raised at least while submitting his first statement. In this case I am informed that first written statement was filed, issues were raised, the parties have gone for trial and the evidence is already adduced and at this stage an attempt is made to incorporate the plea of arbitration which is clearly against the provisions of Section 8(1) of the WPC 22994/2006 2 Arbitration and Conciliation Act. The learned Subordinate Judge had considered that point and had rejected the request and it does not suffer from any illegality or infirmity and therefore the writ petition lacks merit and is dismissed. The parties are directed to appear before the Court below on 12.6.2007. M.N.KRISHNAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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