Kerala High Court
OP(ATE)/7/2025 of SANIL KUMAR Vs SAIJUMON on 11 April 2025
1 2025:KER:32077 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M. FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 OP(ATE) NO. 7 OF 2025 ARISING OUT OF THE ORDER DATED 18.12.2023 IN AR NO.203 OF 2023 OF HIGH COURT OF KERALA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
OP(ATE) NO. 7 OF 2025
ARISING OUT OF THE ORDER DATED 18.12.2023 IN AR
NO.203 OF 2023 OF HIGH COURT OF KERALA
PETITIONER/RESPONDENT:
SANIL KUMAR
AGED 32 YEARS
S/O SAILAN, MALAYATTIL NIKARTH, PANAVALLY
VILLAGE, PANAVALLY P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688526
BY ADVS.
DR.V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
SHILPA P.S.
UNNIKRISHNAN H.
ASWIN P.S.
SHRIYA MERLIN MAXWELL
SINEESH K.M.
RESPONDENTS/PETITIONER:
SAIJUMON
AGED 41 YEARS
S/O VIJAYAN, VIJAYA BHAVANAM, PANAVALLY VILLAGE, PANAVALLY P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688526
DARSANA
AGED 32 YEARS
W/O SAIJUMON, VIJAYA BHAVANAM, PANAVALLY VILLAGE, PANAVALLY P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT., PIN - 688526
BY ADVS.
ROY CHACKO
C.A.RAJEEV
THIS OP(ARBITRATION TIME EXTENSION) HAVING BEEN
FINALLY HEARD ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 11th day of April, 2025
This Original Petition is filed seeking to extend the mandate of the learned Arbitrator who was appointed by this Court vide order dated 18.12.2023 in A.R.No.203 of 2023.
2. This Court, vide the said order, nominated and appointed the learned Arbitrator to adjudicate and resolve the disputes between the parties arising out of the agreement, produced as Annexure A1 in A.R.No.203 of 2023.
3. It is noted that pursuant to the order of appointment, proceedings had commenced before the learned Arbitrator in due earnest and were being conducted diligently. Nevertheless, the arbitration proceedings could not be completed within the statutorily ordained period for the reasons elaborated in the Original Petition.
4. Heard Sri.Dr.V.N.Sankarjee, learned counsel for the petitioner, Sri.Roy Chacko, learned counsel for the 1st respondent and Sri.C.A.Rajeev, learned counsel for the 2nd respondent.
5. The learned counsel appearing on both sides submitted that the learned Arbitrator's mandate needs to be extended. I note that sufficient cause has been made for extending the Arbitrator's mandate, and the time period of the arbitration proceedings in this O.P. (ATE) can be extended as requested. Accordingly, the O.P.(ATE) is allowed. The mandate of the Arbitrator appointed vide order dated 18.12.2023 in A.R.No.203 of 2023 is hereby extended by a period of ten months from today.
Sd/-
SYAM KUMAR V.M. JUDGE csl
APPENDIX OF OP(ATE) 7/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 18.12.2023 IN A.R. NO. 203/2023 OF THIS HONOURABLE COURT Exhibit P2 TRUE COPY OF CLAIM STATEMENT DATED 06.03.2024 IN A.R.C. NO. 1/2024 FILED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE PETITIONER’S DEFENCE STATEMENT IN A.R.C. NO. 1/2024 WITHOUT ANNEXURES Exhibit P4 TRUE COPY OF THE DETAILS OF PROCEEDINGS IN ARC.1/2024 OF THE ARBITRAL TRIBUNAL Exhibit P5 TRUE COPY OF THE ADJOURNMENT APPLICATION DATED 20.11.2024 IN A.R.C. NO. 1/2024 FILED BY THE RESPONDENTS