M/S. Travancore Gate … vs M/S.Athak Properities Pvt.Ltd.A … on 29 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 38 of 2008()


1. M/S. TRAVANCORE GATE HOSPITALITIES
                      ...  Petitioner

                        Vs



1. M/S.ATHAK PROPERITIES PVT.LTD.A COMPANY
                       ...       Respondent

                For Petitioner  :SRI.P.GOPINATH

                For Respondent  :SRI.K.BABU THOMAS

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :29/07/2009

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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                A.R.No.38 of 2008

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       Dated this the 29th day of July, 2009.

                    O R D E R

1.The parties to this arbitration request have a

contract between them which contains an

arbitration clause. The said Memorandum of

Understanding provides for reference of disputes

to a sole arbitrator. The petitioner contends

that in spite of notice, the respondent has not

agreed to further action in terms of the

arbitration clause and hence, this request for

appropriate measures.

2.The plea put forward by the respondent is that in

the absence of any claim against the respondent

upon the termination of the Memorandum of

Understanding as stipulated in clause 10(b)

thereof, there can be no arbitration. This

AR38/2008 -: 2 :-

contention would not stand because the termination

of an agreement between the parties would not, by

itself, determine the continuance of the

arbitration agreement and a clause providing for

arbitration would survive the termination of a

contract since the disputes between the parties

which arise out of the termination itself would be

a matter for arbitration. This principle being

well settled, including by the decision of the

Apex Court in SBP & Co. v. Patel Engineering

Ltd., 2005(8) SCC 618, I do not find any ground

to refuse the request of the petitioner. The

provision for arbitration is that the arbitration

shall be at Thiruvananthapuram.

3.Having regard to the nature of the transaction

which predominantly is a dispute relatable to the

property law and law of contracts and taking into

consideration all relevant aspects for the purpose

of appointment of an arbitrator, Sri.M.S.Mohana

Chandran, District Judge (Retired), Karthika,

Ammankovil Street, Thevally, Kollam – 691 009 is

AR38/2008 -: 3 :-

appointed as arbitrator. The venue of the

arbitration shall be Thiruvananthapuram.

Sd/-

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/270709

-true copy-

P.S.to Judge.