Case Summary
Pauls Creamery Pvt. Ltd and Seawood Homes(India) Pvt. Ltd are involved in a legal dispute regarding an injunction. The defendant seeks to refer the matter to arbitration based on an arbitration clause in their agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court has decided to allow the petition for arbitration, stating that the dispute should be referred to arbitration based on the existing agreement between the parties.
Why Plaintiff Won:
The existence of an arbitration clause in the agreement makes the matter arbitrable.
The existence of an arbitration clause in the agreement makes the matter arbitrable.
Losing Side's Weaknesses:
The existence of an arbitration clause in the agreement makes the matter arbitrable.
The existence of an arbitration clause in the agreement makes the matter arbitrable.
Supporting Evidence
As the present petition is in compliance of Sec.8 of Arbitration and Conciliation Act, petition is liable to be allowed.
Judgment Evidence:
In the result, petition is allowed. 1) Parties are referred to arbitration. Suit is liable to be dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pauls Creamery Pvt. Ltd
- Party Role
- Defendant
- Party Name
- Seawood Homes(India) Pvt. Ltd
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Copy of Counter affidavit filed by the plaintiff in A R No. 17/24 before the Hon’ble High Court of Kerala, Leave and License agreement between the plaintiff and the defendant companies, Copy of Order in A R 17/24 of the Hon’ble High Court of Kerala, Copy of proceedings of Arbitration in ARC(Ps) 3/24
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Karthika Maria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Veena Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Navya Seby
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shyni William
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Viswanath Salish
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal A R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The suit for injunction restraining defendant from forcefully evicting the plaintiff from plaint schedule property.
Evidence:
Accordingly, I am satisfied that the existence of clause 20 of Ext.A2 will make the matter arbitrable.
Documents & Evidence
Document Type:
Counter affidavit
Submitted By:
Plaintiff
Relevance:
Counter affidavit filed by the plaintiff in AR No. 17/24 before the Hon’ble High Court of Kerala.
Reference:
Ext.A1
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
Leave and License agreement between the plaintiff and the defendant companies.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of Order in AR 17/24 of the Hon’ble High Court of Kerala.
Reference:
Ext.A3
Document Type:
Proceedings of Arbitration
Submitted By:
Plaintiff
Relevance:
Copy of proceedings of Arbitration in ARC(Ps) 3/24.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Pauls Creamery Pvt. Ltd vs Seawood Homes(India) Pvt. Ltd regarding injunction
Case Code Year
Case between Pauls Creamery Pvt. Ltd vs Seawood Homes(India) Pvt. Ltd regarding injunction