IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 AR.No. 24 of 2011() --------------------------- IN THE MATTER OF THE ARBITRATION AND CONCILIATIN ACT, APPLICANT ------------------- MARYKUTTY EMMANUEL, D/O M.M.MANI, SUJATHA BUNGALOW, THOTTUMUGHAM POST, ALUVA-683105. BY ADV. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKKUZHY OPPOSITE PARTY --------------------------- SUSIL GEORGE MATHAI, DOOR NO.VI/478D, FLAT NO.8, THRIKKAKARA HEIGHTS, KOLLAMKUDIMUGHAL, THRIKKAKARA POST, KOCHI-682021. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss AR. NO.24/2011 APPENDIX PETITIONER'S ANNEXURES ANNEXURE I:- COPY OF THE PARTNERSHIP DEED. AEENXRUE II:- COPY OF THE LAWYER' NOTICE DTD. 10.10.2007. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss K.T.SANKARAN, J. --------------------------------- A.R.No.24 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER Though the respondent was served with notice, there is no appearance. 2. The case of the applicant is the following: The applicant and the respondent are partners of a firm, namely, M/s.Home Pride. Annexure-1 partnership deed dated 2.8.2004 was executed between the petitioner and the respondent. Clause 16 of the partnership deed contains an arbitration agreement which reads as follows: “16. Any disputes or difference of opinion arising between the partners shall be settled amicably by referring the matter an arbitrator appointed by both the partners.” 3. The petitioner issued Annexure-II lawyer's notice to the respondent invoking clause 16 of the partnership deed. The petitioner suggested that Sri.N.Sukumaran, Senior Advocate may be appointed as the Arbitrator. There was no reply to Annexure-II notice. Therefore, the applicant has filed this A.R.No.24 OF 2011 2 Arbitration Request seeking to appoint an Arbitrator. 4. On a perusal of Annexure-I partnership deed, it is seen that there is an arbitration clause. The petitioner having sent notice invoking the arbitration clause and the respondent having sent no reply and the respondent also having not appeared and contested the Arbitration Request, I am of the view that the Arbitration Request is to be allowed. Accordingly, the Arbitration Request is allowed. Sri.N.Sukumaran, Senior Advocate(retired District Judge) is appointed as the Arbitrator. The Arbitrator is free to fix the arbitration fee. K.T.SANKARAN, JUDGE. cms