IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 RP.No. 357 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN AR.34/2007 Dated 11/01/2008 .................... REVIEW PETITIONER/RESPONDENT IN THE A.R. --------------------------------------- A.M.PREMBHUSHAN, AGED 51 S/O.LATE A.P.MADHAVAN, ARAYAPARAMBIL HOUSE VALAPPAD BEACH P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT: PETITIONER IN THE A.R. ----------------------------------- N.S.THULASIDAS, AGED 53 S/O. LATE N.P.SANKARAN, NAMBI PARICHI HOUSE P.O.THRITHALLOOR, THRISSUR DISTRICT. BY ADV.MR.G.SREEKUMAR(CHELUR) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.357 of 2008 in A.R.No.34 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th June, 2008 ORDER The respondent in the Arbitration Request seeks a review of my order dated 11.1.2008 on the ground that the Arbitration Request itself is not maintainable since the partnership between the parties is not a registered one. 2. I have heard the submissions of Mr.Rajit, learned counsel for the review petitioner and also those of Mr.G.Sreekumar(Chelur), learned counsel for the respondent. 3. Mr.Rajit drew my attention to the judgment of the Supreme Court in Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd. (AIR 1964 S.C. 1882) and would submit that in that case the Supreme Court had ruled in the context of Section 8(2) of the old Arbitration Act that arbitration proceedings will also come within the purview of Section 69(3) of the Indian Partnership Act. 4. I am of the view that the question whether the arbitration proceedings are maintainable in view of Section 69(3) of the Indian Partnership Act itself can be made an issue before the Arbitrator. The review petitioner is permitted to raise this issue before the Arbitrator and the Arbitrator will decide on the issue of arbitrability of the issues R.P.No.357/08 - 2 - referred to him under my order in the context of Section 69(3) of the Indian Partnership Act as the first issue and give a verdict on that issue before proceeding further in the matter. The Review Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE