Allowed

Sabu P. B v. Ghalasi Crane and Transport Service

Kerala HC5 Jun 2024AR/34/2024

Case brief

AI extract

What is this about?

Cross-filed arbitration requests by partners of a partnership firm seeking appointment of a sole arbitrator under Clause XV of their partnership deed. With both sides agreeing on arbitrability, the court allowed both petitions and nominated a sole arbitrator.

What did the court decide?

Sole arbitrator (Adv. S.Vinod Bhat) nominated to arbitrate partner disputes; Registry to obtain disclosure statement per Section 11(8)/12(1).

Sabu P. B Vs Ghalasi Crane and Transport Service — Arbitration | Kerala HC (2024)

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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 G.GIRISH

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WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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AR NO. 37 OF 2024

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PETITIONERS:

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1 M/S. GHALASI CRANE AND TRANSPORT SERVICE AGED 79 YEARS VELIPARAMBIL HOUSE DEEPAM JUNCTION, MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT,, PIN-682 006, NOW SHIFTED TO MANVALAN BUILDINGS, AMULAY STREET, BANERJI ROAD, KOCHI- 682018 REPRESENTED BY ITS MANAGING PARTNER P.V. BABU, S/O VELAYUDHAN, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT, PIN - 682006

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2 P.V. BABU AGED 79 YEARS S/O VELAYUDHAN, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT,, MANAGING PARTNER M/S. GHALASI CRANE AND TRANSPORT SERVICE, PIN - 682006

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3SARASU BABU
AGED 71 YEARS
W/O. BABU P.V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION,
MLA ROAD, PALLURUTHY P O, PARTNER M/S. GHALASI CRANE
AND TRANSPORT SERVICE, PIN - 682006

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4 SARITHA RAJESH AGED 45 YEARS D/O. BABU P.V., , VELIPARAMBIL HOUSE, DEEPAM JUNCTION MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT, PARTNER M/S. GHALASI CRANE AND TRANSPORT SERVICE, PIN - 682006

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5 SABEESH P.B. AGED 41 YEARS S/O. BABU P.V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION,

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A.R.No.34/2024 & 37/2024

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MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT,, PARTNER
M/S. GHALASI CRANE AND TRANSPORT SERVICE, PIN - 682006

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BY ADVS.
SHIJU VARGHESE
SACHU THOMAS

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RESPONDENTS:

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1 SABU P.V. S/O. BABU P.V., AGED 47 YEARS, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT,, PARTNER M/S. GHALASI CRANE AND TRANSPORT SERVICE, PIN - 682006

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2 SAIBA SAJEEVAN

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D/O BABU P V, AGED 52 YEARS, VELIPARAMBIL HOUSE, DEEPAM
JUNCTION, MLA ROAD, PALLURUTHY PO, ERNAKULAM DISTRICT,,
PARTNER M/S. GHALASI CRANE AND TRANSPORT SERVICE, PIN -
682006

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BY ADVS.
N. Retheesh
SUMA RATHEESH(S-878)
SHANKAR RETHEESH(K/001493/2019)

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THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 05.06.2024, ALONG WITH AR.34/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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A.R.No.34/2024 & 37/2024

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I N THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE G.GIRISH

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WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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AR NO. 34 OF 2024

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PETITIONERS:

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1 SABU P. B, AGED 47 YEARS S/O P. V. BABU, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN - 682006

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2 SAIBA SAJEEVAN, AGED 52 YEARS D/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN - 682006

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BY ADVS.
N.RATHEESH
SUMA RATHEESH

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SHANKAR RETHEESH

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RESPONDENTS:

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1 GHALASI CRANE AND TRANSPORT SERVICE, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,REPRESENTED BY ITS MANAGING PARTNER P. V. BABU, PIN - 682006

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2 P. V. BABU, AGED 78 YEARS S/O VELAYUDHAN, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006

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3 SARASU BABU, AGED 73 YEARS W/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006

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4 SARITHA RAJESH,AGED 43 YEARS D/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN – 682006

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A.R.No.34/2024 & 37/2024

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5 SABEESH P. B AGED 41 YEARS S/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006

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THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH AR.37/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶43

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A.R.No.34/2024 & 37/2024

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G.GIRISH, J.

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---------------

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A.R.Nos.34 and 37 of 2024

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-----------------------------Dated this the 5^th day of June, 2024

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--------------------------------------------

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COMMON ORDER

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These Arbitration Requests filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) relate to the disputes inter se between the partners of a Partnership firm in connection with the business being carried on by them. The petitioners and respondents in A.R.No.34 of 2024 figure in their capacities vice versa in A.R.No.37 of 2024. In both these petitions, the request is for the appointment of a sole arbitrator in accordance with the relevant clause of the partnership deed for the resolution of the disputes between them.

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Both the parties are having no dispute about the arbitrability of the issues between them in accordance with the relevant clause (Clause No.XV) of the partnership deed. They are also having no objection about the notices sent inter se conveying

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the intention to have the disputes resolved by an arbitrator. Therefore, both these petitions are to be allowed, and an arbitrator

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has to be appointed for sorting out the issues between the parties.

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A.R.No.34/2024 & 37/2024

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In the result, both these arbitration requests stand

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allowed as follows:

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i) Adv.Sri.S.Vinod Bhat, 10A, Indradhanus Apartments, T.D.Road, Ernakulam – 682 035 is nominated as the sole Arbitrator to arbitrate upon the disputes that have arisen between the petitioner and the respondents within the purview of Annexure-A1 agreement.

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ii) The learned Arbitrator is at liberty to rule on his own jurisdiction if the parties raise such a dispute.

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iii) The Registry is directed to communicate a copy of this order to the learned Arbitrator within a period of ten days from today and to obtain a Statement of Disclosure from the learned Arbitrator as provided under Section 11(8) read with Section12(1) of the Act.

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iv) Once the Disclosure Statement is obtained from the learned Arbitrator, the Registry shall issue the certified copy of this order to the learned Arbitrator, with a copy of the said statement appended to it, retaining the original of the same by this Court.

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v) The fees of the learned Arbitrator shall be governed by the Fourth Schedule of the Act.

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vi) The learned Arbitrator shall decide the manner in which the fees and expenses of the arbitration proceeding has to be paid by the parties.

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A.R.No.34/2024 & 37/2024

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vii) The parties will appear before the learned Arbitrator on such date and place as decided by the learned Arbitrator.

(sd/-)

G.GIRISH, JUDGE

jsr

A.R.No.34/2024 & 37/2024

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APPENDIX OF AR 34/2024

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PETITIONER ANNEXURES

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`Annexure`	`1` `TRUE COPY OF`	`THE PARTNERSHIP DEED DATED 01.01.2011`
	`ENTERED INTO`	`BETWEEN THE PETITIONERS AND THE`
	`RESPONDENTS`

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`Annexure` `II`	`THE LIST OF VEHICLES OWNED BY`	`THE 1ST RESPONDENT`
`Annexure` `III`	`TRUE COPY OF THE NOTICE DATED` `PETITIONERS TO THE RESPONDENTS`	`15.12.2023 SENT BY THE`
`Annexure`	`TRUE COPY OF THE REPLY NOTICE`	`OF THE RESPONDENTS`
`IV`	`DATED 18.01.2024`

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APPENDIX OF AR 37/2024

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PETITIONER ANNEXURES

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`Annexure` `A1`	`TRUE COPY OF THE PARTNERSHIP DEED EXECUTED BETWEEN` `THE APPLICANTS AND THE OPPOSITE PARTIES DATED` `01.01.2011`
`Annexure` `A2`	`TRUE COPY OF THE NOTICE DATED 15.12.2023`
`Annexure` `A3`	`TRUE COPY OF THE REPLY NOTICE DATED 18.01.2024`

Sabu P. B v. Ghalasi Crane and Transport Service

Case brief

What is this about?

What did the court decide?

Sabu P. B v. Ghalasi Crane and Transport Service

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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