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O.S No. 1199/2023

Case between TMV Aromatics Pvt. Ltd. vs Aswinkumar Mallya regarding damages and arbitration clause

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-04-02
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

TMV Aromatics Pvt. Ltd. filed a suit against Aswinkumar Mallya for damages claiming that he violated an employment agreement. The defendant countered with a claim asserting that the suit is barred due to an arbitration clause in the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled that the parties cannot be referred to arbitration due to the absence of a valid arbitration clause in the agreement. Thus, the case will not proceed to arbitration as claimed by the defendant.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court ruled that the parties cannot be referred to arbitration due to the absence of a valid arbitration clause in the agreement. Thus, the case will not proceed to arbitration as claimed by the defendant.
Why Plaintiff Won:
The arbitration clause in the case was determined to be invalid, which prevented referral to arbitration.
Losing Side's Weaknesses:
The arbitration clause in the case was determined to be invalid, which prevented referral to arbitration.
Supporting Evidence
It is worth to note that it was emphatically noted in M/s Hedge Finance Private Limited (Supra) that post-2015 amendment era, there are only two modes of appointment of a sole Arbitrator... If the appointment of a sole arbitrator is made other than by the above two methods, the appointment is ex facie bad and is in contravention of the provisions of the Act.

Judgment Evidence:

In the result, the parties are not referred to arbitration.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
TMV Aromatics Pvt. Ltd.
Party Role
Defendant
Party Name
Aswinkumar Mallya
Party Age
26
Relation
S/o
Plaintiffs Documents
Agreement dated 24/07/2023 containing the arbitration clause
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Ashok B. Shenoy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P. S Gireesh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Salih P. A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Arjun R. Naik
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Thejalakshmi R. S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Umasanker U.U
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
S. Sachithananda Pai
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
Request to refer the parties to arbitration.
Evidence:
In view of the absence of a valid arbitration clause, from the discussion made above, the parties cannot be referred to arbitration.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
The agreement dated 24/07/2023 containing the arbitration clause is relied upon by the plaintiff and produced in court.
Reference:
null

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 TMV Aromatics Pvt. Ltd. vs Aswinkumar Mallya regarding damages and arbitration clause
Case Code Year
Case between TMV Aromatics Pvt. Ltd. vs Aswinkumar Mallya regarding damages and arbitration clause

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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