SABU P. B v. GHALASI CRANE AND TRANSPORT SERVICE, VELIPARAMBIL

THE HONOURABLE MR. JUSTICE G.GIRISH WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946 AR NO. 34 OF 2024 PETITIONERS: 1 2 SABU P. B, AGED 47 YEARS S/O P. V. BABU, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN - 682006 SAIBA SAJEEVAN, AGED 52 YEARS D/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN - 682006 BY ADVS. N.RATHEESH SUMA RATHEESH SHANKAR RETHEESH RESPONDENTS: 1 2 3 4 GHALASI CRANE AND TRANSPORT SERVICE, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,REPRESENTED BY ITS MANAGING PARTNER P. V. BABU, PIN - 682006 P. V. BABU, AGED 78 YEARS S/O VELAYUDHAN, VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006 SARASU BABU, AGED 73 YEARS W/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006 SARITHA RAJESH,AGED 43 YEARS D/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O., PIN 682006 – A.R.No.34/2024 & 37/2024 4 5 SABEESH P. B AGED 41 YEARS S/O BABU P. V., VELIPARAMBIL HOUSE, DEEPAM JUNCTION, MLA ROAD, PALLURUTHY P.O.,, PIN - 682006 THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 05.06.2024, ALONG WITH AR.37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.R.No.34/2024 & 37/2024 5 G.GIRISH, J. --------------- A.R.Nos.34 and 37 of 2024 ------------------------------ Dated this the 5th day of June, 2024 -------------------------------------------- COMMON ORDER These Arbitration Requests filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) relate to the disputes inter se between the partners of a Partnership firm in connection with the business being carried on by them. The petitioners and respondents in A.R.No.34 of 2024 figure in their capacities vice versa in A.R.No.37 of 2024. In both these petitions, the request is for the appointment of a sole arbitrator in accordance with the relevant clause of the partnership deed for the resolution of the disputes between them.

2. Both the parties are having no dispute about the arbitrability of the issues between them in accordance with the relevant clause (Clause No.XV) of the partnership deed. They are also having no objection about the notices sent inter se conveying the intention to have the disputes resolved by an arbitrator. Therefore, both these petitions are to be allowed, and an arbitrator has to be appointed for sorting out the issues between the parties. A.R.No.34/2024 & 37/2024 6

3. In the result, both these arbitration requests stand allowed as follows: i) Adv.Sri.S.Vinod Bhat, 10A, Indradhanus Apartments, T.D.Road, Ernakulam – 682 035 is nominated as the sole Arbitrator to arbitrate upon the disputes that have arisen between the petitioner the respondents within Annexure-A1 agreement. the purview of ii) The learned Arbitrator is at liberty to rule on his own jurisdiction if the parties raise such a dispute. iii) The Registry is directed to communicate a copy of this order to the learned Arbitrator within a period of ten days from today and to obtain a Statement of Disclosure from the learned Arbitrator as provided under Section 11(8) read with Section12(1) of the Act. iv) Once the Disclosure Statement is obtained from the learned Arbitrator, the Registry shall issue the certified copy of this order to the learned Arbitrator, with a copy of the said statement appended to it, retaining the original of the same by this Court. v) The fees of the learned Arbitrator shall be governed by the Fourth Schedule of the Act. vi) The learned Arbitrator shall decide the manner in which the fees and expenses of the arbitration proceeding has to be paid by the parties. A.R.No.34/2024 & 37/2024 7 vii) The parties will appear before the learned Arbitrator on such date and place as decided by the learned Arbitrator. (sd/-) G.GIRISH, JUDGE A.R.No.34/2024 & 37/2024 8 APPENDIX OF AR 34/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE PARTNERSHIP DEED DATED 01.01.2011 ENTERED INTO BETWEEN THE PETITIONERS AND THE RESPONDENTS Annexure II THE LIST OF VEHICLES OWNED BY THE 1ST RESPONDENT Annexure III TRUE COPY OF THE NOTICE DATED 15.12.2023 SENT BY THE PETITIONERS TO THE RESPONDENTS Annexure IV TRUE COPY OF THE REPLY NOTICE OF THE RESPONDENTS DATED 18.01.2024 APPENDIX OF AR 37/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PARTNERSHIP DEED EXECUTED BETWEEN THE APPLICANTS AND THE OPPOSITE PARTIES DATED 01.01.2011 Annexure A2 Annexure A3 TRUE COPY OF THE NOTICE DATED 15.12.2023 TRUE COPY OF THE REPLY NOTICE DATED 18.01.2024