Allowed

Mr.M.I.Shihabudheen v. v.M.Shamsudheen

Kerala HC5 Jul 2012AR/1/2012

Case brief

AI extract

What is this about?

The court heard an application under Section 11(6) of the Arbitration and Conciliation Act for appointing an arbitrator under a partnership agreement. Upon the respondents expressing no objection to a named arbitrator, the court appointed Sri. Gopakumaran Nair.P. Advoc.

What did the court decide?

Appointment of Sri.Gopakumaran Nair.P. Advocate as Arbitrator to resolve the dispute between the applicant and respondents.

Mr.M.I.Shihabudheen Vs v.M.Shamsudheen — Arbitration | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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THURSDAY, THE 5TH DAY OF JULY 2012/14TH ASHADHA 1934

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AR.No. 1 of 2012

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AGAINST THE JUDGMENT IN WPC.17446/2009 DATED 15-07-2009

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PETITIONER(S)/APPLICANT:

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MR.M.I.SHIHABUDHEEN

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S/O.M.A.ISMAIL,MANATH VADAKKEPUTHENPURAYIL HOUSE THRIKKAKARA.P.O,COCHIN-682021.

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BY ADVS.SRI.G.HARIHARAN

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SRI.PRAVEEN.H.

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RESPONDENT(S)/RESPONDENT:

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V.M.SHAMSUDHEEN

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S/O.V.K.MOHAMMAD,PURAKKALOTH HOUSE,THAMMANAM COCHIN-32.

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K.H.HAKKIM,

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S/O.K.K.HYDROSE,KEEZHOTH HOUSE,THAMMANAM COCHIN-682032.

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BY ADV. SRI.ZAKEER HUSSAIN

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 0507-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.R.1/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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ANNEXURE-I: TRUE COPY OF THE PARTNERSHIP AGREEMENT EXECUTED BETWEEN THE APPLICANT AND THE RESPONDENTS ON 24.09.2007.

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ANNEXURE-II: TRUE COPY OF THE JUDGMENT MADE IN W.P.(C)17446/2009 DATED 15.07.2011 BY THIS HON'BLE COURT.

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ANNEXURE-III:TRUE COPY OF THE LAWYER NOTICE DATED 05.11.2011 SENT BY THE APPLICANT ADDRESSED TO THE RESPONDENTS.

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ANNEXURE-IV: TRUE COPY OF THE REGISTERED ACKNOWLEDGMENT EVIDENCING RECEIPT OF ANNEXURE-III BY THE IST RESPONDENT.

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ANNEXURE-V: TRUE COPY OF THE REGISTERED ACKNOWLEDGMENT EVIDENCING RECEIPT OF ANNEXURE-III BY THE 2ND RESPONDENT.

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/true copy/

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P.A. To Judge

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ANTONY DOMINIC, J

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........................................ Arbitration Request.1/2012

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.............................................. Dated this the 5^th day of July, 2012

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ORDER

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This is an application made under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an Arbitrator to resolve the disputes between the applicant and the respondents.

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Annexure-I is a partnership deed between the parties, clause 17 of which provides for resolution of disputes by arbitration. The applicant sought appointment of an Arbitrator, which was not conceded and therefore, this Application was filed.

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Today when the matter was taken up, learned counsel for the respondents also submitted that they have no objection in the appointment of Sri.Gopakumaran Nair.P. Advocate, whose name has been mentioned in Annexure-III notice issued by the applicant, as the Arbitrator.

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A.R.1/12

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In the light of the submission thus made on behalf of the respondents, I appoint Sri.Gopakumaran Nair.P. Advocate, Market Road, Ernakulam, Kochi-35 as Arbitrator, to resolve the dispute between the applicant and the respondents. Arbitrator will proceed to commence the arbitration proceedings and conclude the same expeditiously.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

Mr.M.I.Shihabudheen v. v.M.Shamsudheen

Case brief

What is this about?

What did the court decide?

Mr.M.I.Shihabudheen v. v.M.Shamsudheen

Case brief

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