Single judge allowed an arbitration request filed by partners of a firm against other partners, appointing a retired District Judge as provisional arbitrator under the Arbitration and Conciliation Act, 1996.
Arbitration request allowed; Sri. P. Sankaranunni appointed as provisional arbitrator; disclosure statement to be obtained under Section 11(8).
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 P.B.SURESH KUMAR
TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, 1941
AR.No.57 OF 2019
APPLICANTS:
1 M/S.AVK ENTERPRISES DOOR NO. 147, SITA MANDIR, OPPOSITE GIRINAGAR L.P. SCHOOL, GIRINAGAR, KADAVANTHRA, KOCHI 682 020, REPRESENTED BY ITS MANAGING PARTNER MR. KRISHNAN RAMASWAMY.
2 MR. KRISHNAN RAMASWAMY AGED 34 YEARS S/O. RAMASWAMY KRISHNA IYER, FLAT NO. 3E, PARADISO APARTMENTS, FRIENDS LANE, PARADISE ROAD, VYTILLA, ERNAKULAM 682 019
3 MR. BAIJU KALLUVILA, AGED 48 YEARS S/O. GANGASHARAN, KALLUVILA VEEDU, YEROOR, VILAKKUPARA P.O., KOLLAM 691 312.
BY ADV. SRI.JINU JOSEPH
OPPOSITE PARTIES:
1 SMT.SUSEELA K K W/O. K.R. PRASAD, TC 79/ 883 (4), DEVADARU, KOCHUVELI RAILWAY STATION ROAD, CHARUMOODU, KARIKKAKOM, THIRUVANANTHAPURAM 695 007. 2 SRI. K.R. PRASAD, TC 79/883 (4), DEVADARU, KOCHUVELI RAILWLAY STATION ROAD, CHARUMOODU, KARIKKAKOM, THIRUVANANTHAPURAM 695 007 R2 BY ADV. SRI.PRAVEEN VYASAN R2 BY ADV. SRI.A.N.ARAVINDAKSHAN NAIR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Arbitration Request No.57 of 2019
O R D E R
Petitioners 2 and 3 and respondents are partners of the first petitioner firm. Disputes arose in course of time between petitioners 2 and 3 and respondents concerning the business of the firm. The said dispute is one to be resolved by recourse to arbitration in terms of Annexure A1 deed of reconstitution of the firm. It is alleged that the demand of petitioners 2 and 3 for resolution of the dispute by recourse to arbitration is not acceded to by the respondents. Hence this arbitration request.
In the circumstances, the Arbitration Request is
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allowed and Sri.P.Sankaranunni, retired District Judge, Nandanam, Karollil Lane, Anjumuri, Thammanam P.O., Cochin - 682 032 is appointed provisionally as the Arbitrator to resolve the dispute between the parties. The registry is directed to obtain disclosure statement under Section 11(8) of the Arbitration and Conciliation Act, 1996 from the Arbitrator and place the matter before the court for confirmation of the appointment of the Arbitrator. The registry shall retain the original of the disclosure statement and append a copy of the same to the order.
P.B.SURESH KUMAR, JUDGE.
PV
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE DEED OF RECONSTITUTION OF PARTNERSHIP DATED 23.7.2019 ANNEXURE A2 TRUE COPY OF THE INTERIM ORDER IN I.A. NO. 2734 IN CMA (ARB), NO. 529/2019 DATED 1.4.19 ANNEXURE A3 TRUE COPY OF THE NOTICE DATED 1.6.2019 ANNEXURE A4 TRUE COPY OF THE RETURNED POSTAL COVER ADDRESSED TO THE 1ST OPPOSITE PARTY. ANNEXURE A5 TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 8.6.2019 OF THE 2ND OPPOSITE PARTY. ANNEXURE A6 TRUE COPY OF THE REPLY NOTICE RECEIVED FROM THE OPPOSITE PARTIES.
RESPONDENTS' EXHIBITS: NIL
2 issues framed by the court
Whether an arbitration request arising from a partnership dispute should be allowed under the relevant deed.
Whether a retired District Judge should be appointed as the provisional arbitrator to resolve the dispute.
1 provisions across 1 enactments
Avk Enterprises / Krishnan Ramaswamy / Baiju Kalluvila
Suseela K.K. / K.R. Prasad
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
