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Srei International Finance Ltd. vs Narayanan Embran on 23 May, 2007

Kerala High Court
Srei International Finance Ltd. vs Narayanan Embran on 23 May, 2007
       

  

  

 
 
  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.

                     -----------------------------

                        WP(C)No.22994 OF 2006 K

                     -----------------------------

                     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

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