Joby K.George vs Ali Akbar

Sathish Ninan, J

Annexure-A1 is the partnership deed entered into between the petitioner and the respondent along with others. The partnership was reconsituted 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. Since the parties were not able to arrive at consensus regarding the appointment of Arbitrator, this Arbitration Request has been filed.

Heard learned counsel on either side.

Clause 25 of the partnership deed provides for resolution of disputes between the partners by arbitration. The said clause reads as follows:

"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 sahll be referred to under the provisions of the Indian Arbitration and Cantonments Act, 1996 then in force."

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.

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

(a) Advocate Biju Thomas, 40/6564, 1st floor, Vittappa Prabhu Roda, Cochi-35, is nominated provisionally as the Sole Arbitrator to adjudicate upon the disputes between the parties arising out of Annexure-A1 agreement.

(b) A copy of this order shall be communicated 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 learned Sole Arbitrator by the Registry.

(c) The Arbitrator is requested to forward the statement of disclosure under Section 11(8) r/w Section 12(1) of the Act 3 of 2016.

(d) The registry shall place the disclosure statement before this Court, for confirmation of the appointment of the Arbitrator.

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