M/S. Grow Green Environmental Solutions Pvt. Ltd v. M/S. Keraal Shipping And Inland Navigaton Corporatopm Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 AR.No. 18 of 2015 () --------------------- APPLICANT :

----------------- M/S. GROW GREEN ENVIRONMENTAL SOLUTIONS PVT. LTD, REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT VALLANAT HOUSE, ASHIRBHAVAN LANE, BANERJI ROAD, KACHERIPADY ERNAKULAM - 682 018.

BY ADV. SRI.PHILIP MATHEW OPPOSITE PARTY :

------------------------- M/S. KERAAL SHIPPING AND INLAND NAVIGATON CORPORATOPM LTD, 61/1227, UDAYA NAGAR ROAD, GANDHI NAGAR, ERNAKULAM - 682 020.

BY ADV. SRI.SANTHOSH MATHEW,SC,KINCO THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

AR.No. 18 of 2015 () --------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1:

TRUE COPY OF THE WORK ORDER DATED 22ND MAY, 2013. ANNEXURE A2:

TRUE COPY OF THE AGREEMENT BETWEEN THE APPLICANT AND OPPOSITE PARTY ENTERED INTO ON 22ND JUNE, 2013. ANNEXURE A3:

TRUE COPY OF THE LETTER DATED 19/08/2013 ISSUED BY THE APPLICANT TO THE OPPOSITE PARTY.

ANNEXURE A4:

TRUE COPY OF A FRESH WORK ORDER DATED 24/07/2013 WAS ISSUED BY THE OPPOSITE PARTY TO THE APPLICANT. ANNEXURE A5:

TRUE COPY OF THE ARBITRATION REQUEST NOTICE DATED 12/02/2015 SENT BY THE APPLICANT TO THE OPPOSITE PARTY.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

B. KEMAL PASHA, J.

............................................................... Arbitration Request No.18 of 2015 ............................................................... Dated this the 30th day of July, 2015

O R D E R

Heard.

2.

This is an arbitration request from the petitioner on the basis of clause 23 of Annexure A2 agreement. The applicant claims that amounts are due to the applicant from the opposite party by way of remuneration for the works carried out. The respondent has forwarded rival claims. As such, it seems that there is a dispute which has to be resolved through arbitration in this case. Clause 23 of Annexure A2 clearly says that in case of any dispute between the parties, the matter has to be referred for arbitration.

In the result, this Arbitration Request is allowed and

A.R. No. 18 of 2015 -: 2 :- Advocate Sri.Abraham Vakkanal, is appointed as the Arbitrator in the matter.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge