IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 AR.No. 22 of 2006() ------------------- PETITIONER: ---------------------------- E. REGIKUMAR, AGED 50 YEARS, S/O. LATE E.T. UTHUP, ERAKKATHIL HOUSE, CHETTI STREET, KOTTAYAM. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENTS: ------------- 1. SAJITHA RAHIM, AGED 41 YEARS, W/O. K.H.A. RAHIM KUZHIMANDAPATHIL VARISSERY, MARIAYATHURUTHU P.O., KOTTAYAM. 2. P.S. JOSEPH, AGED 65 YEARS, S/O. LATE P.K. SCARIA, ANASWARAM, MENON PARAMBU ROAD, EDAPPALLY, KOCHI. 3. PUNNOOSE THOMAS, AGED 46 YEARS, S/O. LATE P.V. THOMAS, PAZHAYATTINKAL, PATHAMUTTOM, KOTTAYAM. 4. USHA VENUGOPAL, AGED 37 YEARS, W/O. VENUGOPALAN, PARVATHY, NEAR SUMANGALI TALKIES, PAYYANNOOR-670 307. BY ADV. SRI.C.A.MAJEED THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - A.R.No.22 of 2006 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 10th January, 2008 ORDER No counter affidavit has been filed in this case. Clause 29 of Annexure A partnership deed contains a valid arbitration clause. That clause has been duly invoked by Annexure B notice issued by the petitioner. Annexure C reply has been sent by the 1st respondent raising contentions. There has been subsequent correspondence between the parties. But since the averments in the Arbitration Request have not been repudiated by filing objections, it has to be taken those averments stand established. Accordingly, the Arbitration Request will stand allowed. Mr.George Varghese Manachirackel, Advocate is appointed as Arbitrator for settling the various claims raised in the A.R. The Arbitrator will enter on reference and pass the award at his earliest. srd PIUS C.KURIAKOSE, JUDGE