IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 22994 of 2006(K)
1. SREI INTERNATIONAL FINANCE LTD.,(CO.
... Petitioner
2. THE REGIONAL MANAGER, SREI INTERNATIONAL
3. THE BR.MANAGER, SREI INTRNL.FINANCE LTD.
Vs
1. NARAYANAN EMBRAN, PROPRIETOR,
... Respondent
For Petitioner :SRI.P.K.SURESH KUMAR
For Respondent :SRI.BEPIN VIJAYAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/05/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No.22994 OF 2006 K
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Dated this the 23rd May, 2007.
JUDGMENT
Respondent takes notice through counsel.
2. This writ petition is filed seeking a direction to
quash the order passed in O.S.448/2004. The writ
petitioners moved an application, I.A.1189/2006 for
receiving additional written statement. But the plea which
they want to incorporate by way of additional written
statement is with regard to an arbitration clause which may
affect the jurisdiction of the Civil Court itself. Section
8 of the Arbitration and Conciliation Act, 1996 makes it
very clear that the question of arbitration agreement has
to be raised by the party not later than when submitting
his first statement on the substance of the dispute. So,
the competency of the Court to consider the question of
arbitration and referring the parties to the arbitration
would arise only if such a contention is raised at least
while submitting his first statement. In this case I am
informed that first written statement was filed, issues
were raised, the parties have gone for trial and the
evidence is already adduced and at this stage an attempt is
made to incorporate the plea of arbitration which is
clearly against the provisions of Section 8(1) of the
WPC 22994/2006 2
Arbitration and Conciliation Act. The learned Subordinate
Judge had considered that point and had rejected the
request and it does not suffer from any illegality or
infirmity and therefore the writ petition lacks merit and
is dismissed.
The parties are directed to appear before the Court
below on 12.6.2007.
M.N.KRISHNAN
Judge
jj
