Case Summary
This case involves a dispute between the plaintiffs, who are members of an apartment owners association, and the defendants, the association and its secretary, regarding whether the dispute is subject to arbitration as per the association's bylaws. The plaintiffs argue that no binding arbitration agreement exists, while the defendants maintain that the matter should be referred to arbitration.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court has allowed the defendants' petition for arbitration, deciding that the dispute falls under the arbitration clause of the association's bylaws.
Key Reasoning:
The court found that the dispute is governed by the arbitration clause per the association's bylaws.
The court found that the dispute is governed by the arbitration clause per the association's bylaws.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The notarized copy of bylaw is produced. The said copy is marked as Ext A1 for the purpose of consideration of this petition. The facts as born out in the pleadings of the case and reliefs that are sought for are those that evidently come in relation to a dispute in respect of the functions being carried out by the association, which is therefore governed under clause 37 of Ext A1.
Judgment Evidence:
Hence, I am of the opinion that it is evident that the suit at hand is one that deals with a subject matter that is covered under the arbitration clause and that the parties are therefore to be referred to arbitration under Section 8(1) of Arbitration and Conciliation Act, 1996 and that the suit cannot be proceeded with any further.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Shihad
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Basheera Bashher
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- IIDL Aerie Apartment Owners Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sherry D' Couto
Plaintiffs Documents
Notorized copy of the bylaw dated 07.12.2018
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Philip T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achu Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kallyani G. Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Yaamin A. Mohamed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neha Susan Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varsha George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aditya T. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The parties are referred to arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996.
Evidence:
Hence, I am of the opinion that it is evident that the suit at hand is one that deals with a subject matter that is covered under the arbitration clause and that the parties are therefore to be referred to arbitration under Section 8(1) of Arbitration and Conciliation Act, 1996 and that the suit cannot be proceeded with any further.
Documents & Evidence
Document Type:
Notarized Copy of Bylaw
Submitted By:
Plaintiff
Relevance:
This document was produced to establish the arbitration clause binding the parties.
Reference:
Ext A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Arbitration agreement
Case Code
Case between Dr. Shihad et al vs IIDL Aerie Apartment Owners Association et al regarding arbitration dispute
Case Code Year
Case between Dr. Shihad et al vs IIDL Aerie Apartment Owners Association et al regarding arbitration dispute