Kerala High Court
Shriram Transport Finance Co; Ltd vs Siddeek K on 22 July, 2008
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22011 of 2008(U)
1. SHRIRAM TRANSPORT FINANCE CO; LTD.,
... Petitioner
Vs
1. SIDDEEK K., S/O C.MOHAMMED,
... Respondent
For Petitioner :SRI.RAJESH NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/07/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.22011 OF 2008
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Dated this the 22nd day of July, 2008
JUDGMENT
The respondent herein filed C.C.No.127/06 before the Consumer Disputes Redressal Forum, Kasaragod complaining of deficiency in service on the part of the petitioner. In that C.C., the petitioner filed an I.A.No.29/08 invoking Section 8 of the Arbitration and Conciliation Act 1996 on the ground that in the agreement between the parties there is an arbitration clause. That I.A. was rejected by the Forum by Ext.P4 order relying on the Supreme Court decision in Skypak Couriers V. Tata Chemicals Ltd. [2000(5) SCC 294]. The petitioner is challenging Ext.P4 order, in this writ petition. According to the petitioner, in view of Section 8 of the Arbitration and Conciliation Act 1996, the Forum could not have entertained the C.C. at all.
I am not inclined to entertain the contentions of the petitioner on merits in this writ petition in so far as the petitioner has got a right of revision before the State Consumer Disputes Redressal commission under Section 17(b)or the petitioner can file W.P.(c)No.22011/08 2 an appeal against the final order to be passed by the Forum in that C.C. itself. Therefore, without prejudice to such right, this writ petition is dismissed.
S. SIRI JAGAN, JUDGE Acd