ABDULLA Vs. KERALA TRANSPORT DEVELOPMENT

JUDGEMENT

(1.) Petitioner is plaintiff in O.S.53/06 on the file of Principal Munsiff court, Kozhikod. Respondents are defendants. Suit was filed for rendition of accounts and for permanent prohibitory injunction. Defendants jointly filed I.A.789/06 an application under Section 8 of Arbitration and Conciliation Act, 1996 contending that there is arbitration clause in the agreement executed by petitioner and defendants and therefore civil court has no jurisdiction to entertain the suit. As per order dated 31/3/2006, Munsiff allowed the application and referred the parties to arbitration. This revision petition is filed challenging that order.

(2.) Learned counsel appearing for petitioner and respondents were heard.

(3.) Arguments of learned counsel appearing for petitioner is that third respondent is not entitled to seek a reference to arbitration as money is due not to third respondent but to defendants 1 and 2 and rendition of the account is to be made by defendants 1 and 2 and therefore learned Munsiff should not have allowed the application and it should have been found that civil court has jurisdiction to try the suit.