Dismissed

Joby K.George, v. Ali Akbar

Kerala HC12 Jul 2022AR/67/2022

Case brief

AI extract

What is this about?

On the admission of an arbitration request filed under Clause 25 of a partnership deed, the Court provisionally nominated Advocate Biju P.Thomas as the sole arbitrator. The order directed compliance with disclosure requirements and fees of the Arbitration and Conciliation Act, 1996.

What did the court decide?

Provisional nomination of Advocate Biju P.Thomas as Sole Arbitrator; directions for disclosure and fee payment.

Joby K.George, Vs Ali Akbar — Arbitration | Kerala HC (2022)

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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 SATHISH NINAN

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TUESDAY, THE 12^TH DAY OF JULY 2022 / 21ST ASHADHA, 1944 AR NO. 67 OF 2022

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PETITIONER:

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JOBY K.GEORGE, AGED 48 YEARS S/O.C.T.GEORGE, KANNAMPADATHIL HOUSE, NAZRETH HILL P.O., KURAVILANGAD, KOTTAYAM-686 633, THROUGH HIS POWER OF ATTORNEY HOLDER SAJAN S.NAIR, AGED 44 YEARS, S/O.K.SATHEESAN NAIR, TC 25/442, HOUSE NO.41, NANDANAM GOVT. PRESS ROAD, SANTHI NAGAR, HOUSING BOARD BUILDING, THAMPANOOR, THIRUVANANTHAPURAM G.P.O., KERALA STATE, PIN-695 001.

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BY ADVS. BIJI MATHEW R.ANAS MUHAMMED SHAMNAD P.S.SYAMKUTTAN

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RESPONDENT:

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ALI AKBAR, S/O.ABDUL SALAM, RESIDING AT HAZEEN GARDEN KUNNATHERY, KUNNATHERY PIPE LINE JUNCTION, THAIKKATTUKARA P.O., ALUVA, ERNAKULAM-683 106, ALSO AT COCO CABANA CAFE, DOOR NO. XXXII/1164 B, NEW NO.37/781, SERIN TOWER, PATHADIPALAM, EDAPPALLY, ERNAKULAM DISTRICT, PIN-682 033.

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BY ADV Benzir P. M.

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THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.R NO.67 OF 2022

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Sathish Ninan, J.

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==============================

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A.R NO.67 OF 2022

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========================== Dated this the 12^th day of July, 2022

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O R D E R

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Annexure-A1 is the partnership deed entered into

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between the petitioner and the respondent along with others. The partnership was reconstituted as per Annexure-A2. As per Annexure-A2, the only remaining partners of the firm are the petitioner and the respondent. There arose disputes between the parties. The partnership deed contains an Arbitration Clause providing for resolution of disputes by arbitration.

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Since the parties were not able to arrive at consensus regarding the appointment of Arbitrator, this Arbitration Request has been filed.

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Heard learned counsel on either side.

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Clause 25 of the partnership deed provides

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for resolution of disputes between the partners by

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arbitration. The said clause reads as follows:

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A.R NO.67 OF 2022

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"All disputes and question in connection with the partnership of regarding interpretation of this deed arising between the partners or between any of them and legal representatives whether during or after the partnership shall be referred to under the provisions of the Indian Arbitration and Cantonments Act, 1996 then in force."

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The rival contentions of the parties are to be agitated before the learned Arbitrator. I do not propose to go into the merits of the rival contentions.

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Accordingly, the arbitration request is disposed of as hereunder:-

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(a) Advocate Biju P.Thomas, 40/6564, 1^st floor,

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Vittappa Prabhu Road, Cochin-35, is nominated provisionally as the Sole Arbitrator to adjudicate upon the disputes between the parties arising out of Annexure-A1 agreement.

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(b) A copy of this order shall be communicated

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to the learned Sole Arbitrator by the Advocate of the applicant within a period of one week from today. A copy of the order shall also be forwarded to the

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A.R NO.67 OF 2022

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learned Sole Arbitrator by the Registry.

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statement of disclosure under Section 11(8) r/w

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Section 12(1) of the Act 3 of 2016.

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(d) The registry shall place the disclosure

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statement before this Court, for confirmation of the appointment of the Arbitrator.

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(e) The Arbitrator's fees shall be payable as per IV^th Schedule to the Arbitration and Conciliation Act, 1996.

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Sd/-Sathish Ninan, Judge

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lsn

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A.R NO.67 OF 2022

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1:	TRUE COPY OF THE 01.03.2020.	PARTNERSHIP DEED DATED
ANNEXURE-A2:	TRUE COPY OF THE 30.03.2021.	PARTNERSHIP DEED DATED
ANNEXURE-A3:	TRUE COPY OF THE	LAWYER NOTICE DATED
	02.02.2022 ISSUED	TO THE RESPONDENT.

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RESPONDENT EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Joby K.George, v. Ali Akbar

Case brief

What is this about?

What did the court decide?

Joby K.George, v. Ali Akbar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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