LAWS(KER)-2020-2-246

COCHIN KAGAZ LTD. Vs. K. K. IBRAHIM

Decided On February 19, 2020
COCHIN KAGAZ LTD. Appellant
V/S
K. K. Ibrahim Respondents

JUDGEMENT

(1.) These applications are filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 ('Act 3 of 2016' for short) seeking for the appointment of an arbitrator to resolve the disputes that has arisen between the parties.

(2.) As both parties have filed separate applications seeking the very same prayer, these applications are taken up and disposed of together.

(3.) The applicant in A.R.No. 100 of 2019 is a company registered under the Companies Act, 1956. The respondent is the Proprietor of Karothkuzhy Plastics. Annexure-A1, Memorandum of Understanding was entered into between the applicant and the respondent as per which, the respondent agreed to purchase and the applicant herein agreed to sell scrap and machinery kept in the company premises of the applicant. Later disputes arose between the parties and both allege that the rival party has violated the terms of the understanding.