IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MFA.No. 475 of 2001(B) --------------------------------- IA.537/1987 of SUB COURT,THODUPUZHA .................... APPELLANTS: LEGAL HEIRS OF THE RESPONDENT -------------------- 1. P.S.RAJAN, S/O.P.R.SREEDHARAN NAIR, PULICKAL HOUSE, KANJIRAMATTOM KARA, THODUPUZHA. 2. P.S.RETINAMMA, D/O. P.R.SREEDHARAN NAIR, OF DO. DO. 3. P.S.SIVAPRASAD, S/O. P.R.SREEDHARAN NAIR, OF DO. DO. 4. P.S.SATHYAN, S/O. P.R.SREEDHARAN NAIR, OF DO. DO. 5. P.S.RADHAKRISHNAN, S/O. P.R.SREEDHARAN NAIR, OF DO. DO. BY ADV. SRI.P.GOPAL RESPONDENTS: PETITIONERS ----------------------- 1. K.SUKUMARN NAIR, S/O. KRISHNA PILLAI, KRISHNAVILASAM, PURAPUZHA KARA, PURAPUZHA VILLAGE (DIED). 2. K.SOMASEKHARAN NAIR, S/O. KARUNAKARAN NAIR, SREEVILASOM, UDUMBANNOOR KARA, UDUMBANNOOR VILLAGE PRESENTLY RESIDING AT KARUTHAPARAMBIL, PALLIKKATHODU, ANIKKADU P.O., KOTTAYAM. M.F.A. NO.475/2001 *ADDL. RESPONDENTS 3 TO 6 ARE IMPLEADED. 3. THANKAMMA SUKUMARAN NAIR, W/O. LATE SUKUMARAN NAIR, KRISHNAVILASAM, PURAPPUZHA KARA, PURAPPUZHA VILLAGE, THODUPUZHA VILLAGE. 4. K.S.RADHAKRISHNAN, S/O. DO. DO. 5. JAYASREE RAJU, D/O. DO. DO. 6. INDIRA DEVI RAVEENDRAN NAIR, D/O. OF DO. DO. ADDL. RESPONDENTS 3 TO 6 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED FIRST RESPONDENT AS PER ORDER DT. 17.3.2008 IN CMP. 2037/02. ADV. SRI.M.NARENDRA KUMAR FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008, ALONG WITH MFA NO. 476 OF 2001 MFA NO. 495 OF 2001 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- M.F.A.NO.475,476 & 495 OF 2001 ---------------------------------------------------- Dated this the 20th day of June, 2008. JUDGMENT Koshy, J: The appellants and respondents were partners of a firm called Priya Coconut Fibers. They entered into a partnership business on 20.6.1976 for the purpose of manufacturing products with coconut fibers. The partnership was dissolved. There was no agreement for settling the account. One of the partners of the firm approached the Sub Court, Thodupuzha, for appointing an arbitrator. The Sub Court in O.S.(Arb)No. 91 of 1985 held that the matter has to be referred for arbitration for settlement of the accounts of the firm. The matter was referred to a single arbitrator as agreed by the parties. Accordingly, arbitrator was appointed. The parties co- operated with the arbitrator. The arbitrator finally passed an award on 12.3.1987. An objection was filed to set aside the award. The civil court set aside the award mainly on the ground that it is not a reasoned award. According to the court below, the arbitrator passed the award relying on Ext.C8 balance sheet without verifying the ledgers and documents. The matter was referred when MFA.NO.475/01 & Con.Cases . 2 Arbitration Act, 1940 was in force. There was no obligation on the arbitrator to pass a speaking award. In the judgment of the court referring the matter to the arbitrator also, there was no direction to pass a speaking award. There was no obligation caste upon the arbitrator to pass a speaking award. In any event, Ext.C8 is a balance sheet signed by all the partners and it is an audited balance sheet and therefore, the arbitrator cannot be faulted for relying on that document. It is a non speaking award. There is no evidence to show that the arbitrator was partial to one party or the other. The award was passed in terms of the reference. There is no evidence to show that the arbitrator committed misconducts. No ground as mentioned in the Act to set aside the award was made out. Hence the court below ought to have passed judgment and decree making the award as the role of the court. Therefore, the award passed by the arbitrator ought to have been accepted. We dismiss I.A.Nos.537 of 1987 and 521 of 1987 in O.S.(ARB)No.91 of 1985 and allow I.A.No.487 of 1987 and award is made as the role of the court. All the appeals are allowed. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl MFA.NO.475/01 & Con.Cases . 3 J.B. KOSHY & P.N. RAVINDRAN, JJ. M.F.A.NO.475,476 & 495 OF 2001 JUDGMENT 20th day of June, 2008. MFA.NO.475/01 & Con.Cases . 4