C.P.RAGINI Vs. STATE OF KERALA

JUDGEMENT

(1.) The original petition is filed challenging the order dtd. 10/8/2018 passed by the Court of the District Judge, Thalassery, in OP(Arb) No.259/2009.

(2.) The petitioner's case, shorn of exhaustive pleadings, is that she had entered into an agreement with the second respondent. Disputes arose between the parties, which culminated in an arbitration award being passed by a Sole Arbitrator appointed by the National Stock Exchange of Chennai. The petitioner has challenged the award in OP(Arb) No.259/2009 (Ext P1) before the Court of the District Judge, Thalassery, under Sec.34 of of the Arbitration and Conciliation Act, 1996 (in short 'the Act'). The respondents have filed Ext P2 counter statement to Ext P1 original petition, inter alia, contending that the Court at Thalassery has no territorial jurisdiction to entertain the original petition. The learned District Judge, without adverting to any of the contentions raised by the petitioner, by the impugned Ext P3 order, has dismissed the original petition holding that the Court has no jurisdiction. Ext P3 order is erroneous and wrong. Hence, the original petition.

(3.) Heard;Sri.V.R.K Kaimal, the learned Counsel appearing for the petitioner and Sri.Sunil Nair, the learned Counsel appearing for the respondent.