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
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.
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.
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