RP NO. 410 OF 2025 IN AR NO.95 OF 2024 1 2025:KER:25143 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 RP NO. 410 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 12.08.2024 IN AR NO.95 OF 2024 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT: M/S MPHONE ELECTRONICS AND TECHONOLOGIES PRIVATE LIMITED IDASERIL CHAMBERS,POTTAKUZHI CROSS ROAD, KOCHI -12, ERNAKULAM DISTRICT REPRESENTED BY MS.JIJI AGED 47,D/O AUGUSTINE, RESIDING AT VAZHAYIL HOUSE, KENICHIRA- P.O.POOTHADI,WAYANAD DISTRICT, PIN – 673 596 BY ADV C.S.BISSIMON RESPONDENT/PETITIONER: M/S NALAKATH ENTERPRISES OOTTY ROAD, PERINTHALMANNA P.O, MALAPURAM DISTRICT REPRESENTED BY ITS MANAGING PARTNER,ABDUL RASHEED N.AGED 52 YEARS, S/O SHEIK AHMED HAJI ,NALAKATH HOUSE,OOTTY ROAD,PERINTHALMANNA P.O, MALAPURAM DISTRICT, PIN – 679 322 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 410 OF 2025 IN AR NO.95 OF 2024 2 2025:KER:25143 T.R.RAVI.J ------------------------------------------------------- RP.No.410 of 2024 in AR No.95 of 2024 -------------------------------------------------------- Dated this the 24th day of March, 2025 ORDER The review petition has been filed stating that the petitioner has not been served with notice and the person who signed the arbitration agreement has nothing to do with the Company. The person who has been impleaded in the arbitration reference is the Company represented by the present petitioner ‘Jiji’. The person who has signed the agreement was one ‘Rojy’. Notice had been issued by this Court in the arbitration reference in the name of the Company, which was returned saying that the addressee left. In the above circumstances, this Court had directed that notice to be sent to the Director in the personal address shown in the arbitration reference, which is at Wayanad. It is seen from the endorsement that the sole respondent had RP NO. 410 OF 2025 IN AR NO.95 OF 2024 3 2025:KER:25143 signed the acknowledgment. It is the Company who chose not to appear through the present petitioner when the case was called for. In the above circumstances, this review petition has been filed. The ground on which the review is sought is that there was no notice. The said ground cannot be accepted since notice was sent to the personal address of the company Director. However, it is a fact that the Company did not appear through the present petitioner In the above circumstances, this review petition is closed without prejudice to the right of the petitioner to contest the arbitration case before the Arbitrator on the ground that the Company has not entered into any arbitration agreement with the petitioner in AR.No.95/2025 and the said issue shall also be considered by the Arbitrator. Sd/- T.R.RAVI sn JUDGE RP NO. 410 OF 2025 IN AR NO.95 OF 2024 4 2025:KER:25143 APPENDIX OF RP 410/2025 PETITIONER’S ANNEXURES Annexure P1 CERTIFIED COPY OF THE ORDER IN AR 95/2024 DATED 12-8-24 Annexure P2 TRUE COPY OF THE NOTICE ISSUED BY THE ARBITRATOR ON 19/12/2024