IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 AR.No. 11 of 2011 APPLICANTS: 1. P.D.VIDYADHARAN, CONSULTANT PHYCHIATRIST PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT CRESCENT HOSPITAL QUARTERS, ALATHUR, PALAKKAD-678 541. 2. SHEELA V.K., PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT CRESCENT HOSPITAL QUARTERS, ALATHUR, PALAKKAD-678 541. BY ADV. SRI.C.V.MILTON SRI.K.P.JUSTINE (KARIPAT) RESPONDENTS: 1. BEENA.M.P., W/O.LATE DR.P.D.SREEDHARAN PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT MANIYALIL HOUSE, PERUMBAVOOR, PIN-683 542. 2. NIMIN SREEDHARAN, S/O.LATE DR.P.D.SREEDHARAN, PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT MANIYALIL HOUSE, PERUMBAVOOR, PIN-683 542. 3. NIBIN SREEDHARAN, S/O.LATE DR.P.D.SREEDHARAN, PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT MANIYALIL HOUSE, PERUMBAVOOR, PIN-683 542. 4. V.A.MADHAVI, M/O.LATE DR.P.D.SREEDHARAN PARUTHIAZHATHU HOUSE, ELAMKUNNAPUZHA P.O., NOW RESIDING AT POOTHARA HOUSE, TTHANNEERMUKKAM P.O., CHERTHALA. R1 TO R3 BY ADV. SRI.V.M.SYAM KUMAR ADV. SRI.K.R.PRAMOTH KUMAR THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Arbitration Request NO.11 OF 2011 ------------------------------------------------------ Dated this the 14th day of June, 2011 O R D E R The applicants, the first opposite party and the predecessor in interest of opposite party Nos.2 to 4 were partners of a partnership firm constituted as per Annexure-A1 partnership deed dated 15.6.1995. The second partner Dr.P.D.Sreedharan died. Clause 13 of the partnership deed provides as follows: “13. Death, Insolvency or Retirement of a partner or partners will not dissolve the partnership and the partnership will be continued by the remaining partners, the legal representative(s) of the deceased partner(s) will be entitled to the share in the profits and bear losses of the firm attributable to the share of the deceased till his death.” 2. Disputes arose among partners. According to the applicants, amounts are due to them. The opposite parties dispute the claim. Arbitration Request NO.11 OF 2011 :: 2 :: 3. Clause 18 of the partnership deed contains arbitration clause, which reads as follows: “18. Any dispute or difference of opinion between the partners hereto relating to the affairs of the partnership or in the interpretation or enforcement of any of the provisions of this deed shall be settled by resort to arbitration in the manner provided in the Indian Arbitration Act, 1940.” 4. As per Annexure -A4 letter dated 11.12.2010, the applicants suggested the name of a retired District Judge for appointment as the Arbitrator. The opposite parties objected to the same. 5. The opposite parties filed objection dated 28.5.2011, in which, it is stated that any of the three persons mentioned in the objection can be appointed as the sole Arbitrator. 6. Learned counsel for the applicants and the learned counsel for the respondents submitted that Sri.P.L.Nobert, Former District Judge may be appointed as the Arbitrator. Arbitration Request NO.11 OF 2011 :: 3 :: Accordingly, the Arbitration Request is allowed. Sri.P.L.Nobert, Former District Judge, NINS Aedis, Sastha Temple Road, Palluruthy, Kochi - 06 is appointed as the Arbitrator to resolve the disputes and differences between the parties in connection with Annexure A1 partnership deed. The Arbitrator is free to fix the arbitration fee. (K.T.SANKARAN) Judge ahz/