This judgment deals with an arbitration request filed under the Arbitration and Conciliation Act to appoint an arbitrator based on a clause in a partnership deed. The High Court allowed the request and appointed a suggested senior advocate as the arbitrator.
Arbitration request allowed and Sri.N.Sukumaran appointed as the arbitrator.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 AR.No. 24 of 2011() ---------------------------
IN THE MATTER OF THE ARBITRATION AND CONCILIATIN ACT,
APPLICANT -------------------
MARYKUTTY EMMANUEL, D/O M.M.MANI, SUJATHA BUNGALOW, THOTTUMUGHAM POST, ALUVA-683105.
BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY
OPPOSITE PARTY ---------------------------
SUSIL GEORGE MATHAI, DOOR NO.VI/478D, FLAT NO.8, THRIKKAKARA HEIGHTS, KOLLAMKUDIMUGHAL, THRIKKAKARA POST, KOCHI-682021.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
AR. NO.24/2011
APPENDIX
PETITIONER'S ANNEXURES
ANNEXURE I:- COPY OF THE PARTNERSHIP DEED.
AEENXRUE II:- COPY OF THE LAWYER' NOTICE DTD. 10.10.2007.
RESPONDENT'S ANNEXURES
NIL:-
TRUE COPY
P.A. TO JUDGE
tss
K.T.SANKARAN, J .
A.R.No.24 OF 2011
Dated this the 8th day of July, 2011
ORDER
Though the respondent was served with notice, there is no appearance.
The applicant and the respondent are partners of a firm, namely, M/s.Home Pride. Annexure-1 partnership deed dated 2.8.2004 was executed between the petitioner and the respondent. Clause 16 of the partnership deed contains an arbitration agreement which reads as follows:
“16. Any disputes or difference of opinion arising between the partners shall be settled amicably by referring the matter an arbitrator appointed by both the partners.”
A.R.No.24 OF 2011
2
Arbitration Request seeking to appoint an Arbitrator.
Accordingly, the Arbitration Request is allowed. Sri.N.Sukumaran, Senior Advocate(retired District Judge) is appointed as the Arbitrator. The Arbitrator is free to fix the arbitration fee.
K.T.SANKARAN, JUDGE .
cms
2 issues framed by the court
Whether an arbitration request seeking appointment of an arbitrator under an arbitration clause in a partnership deed should be allowed in the absence of the respondent's appearance.
Whether the proposed arbitrator suggested by the applicant can be appointed.
1 provisions across 1 enactments
Marykutty Emmanuel
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
