Prashanth Vaidyanathan vs K.Neelakandan Nambeeshan
2021 Latest Caselaw 14981 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
       FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                            AR NO. 101 OF 2020


APPLICANT:

             PRASHANTH VAIDYANATHAN, AGED 40 YEARS
             S/O.VAIDYANATHAN RAMANATHAN, RESIDING AT HOUSE
             NO.34/1934, BTS ROAD, BYE LANE 10, EDAPPALY, ERNAKULAM-
             682 024, REPRESENTED BY POWER OF ATTORNEY HOLDER
             VAIDYANATHAN RAMANATHAN, AGED 70 YEARS, S/O.RAMANTHAN,
             RESIDING AT HOUSE NO.34/1934, BTS ROAD, BYE LANE 10,
             EDAPPALY, ERNAKULAM-682 024.

             BY ADV SHRI.SREEHARI INDUKALADHARAN




OPPOSITE PARTY:

             K.NEELAKANDAN NAMBEESHAN, AGED 43 YEARS
             S/O.KESAVA SHARMA, RESIDING AT KAZHAKAPURAM VEEDU,
             COCHIN CORPORATION, DOOR NO.637/2786, MANIMALA ROAD,
             CHUTTUPADUKARA, EDAPPALLY, KOCHI-682 024.


     THIS    ARBITRATION   REQUEST   HAVING   COME   UP   FOR   ADMISSION   ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 AR 101/20
                                           2



                                 JUDGMENT

The petitioner has approached this Court,

through this Arbitration Request impelled under

Section 11(5) of the Arbitration and Conciliation

Act, 1996 (hereinafter referred to as 'the Act'

for short), alleging that certain disputes have

arisen between him and the respondent with respect

to the covenants and agreements in Annexure A1

agreement dated 21.10.2018, which was entered into

validly.

2. The petitioner says that when the disputes

could not be resolved through other acceptable

methods, he issued Annexure A5 notice to the

respondent as early as on 01.08.2020, seeking that

a sole Arbitrator be appointed, suggesting the

name of a particular person for such purpose. He

submits that in spite of Annexure A5 having been

received by the respondent, he has chosen neither

to reply nor to accede to or to even nominate an AR 101/20

Arbitrator of his choice. The petitioner,

therefore, prays that this Court appoint a

suitable Arbitrator to adjudicate and resolve the

disputes, as are mentioned in Annexure A5.

3. I have heard Sri.Sreehari Indukaladharan -

learned counsel for the petitioner; but there is

no appearance on behalf of the respondent.

4. The endorsement on the files of this case

shows that respondent has been validly served but

he has chosen not to be present in person or to be

represented through counsel; inferentially guiding

me to the impression that he does not object to

the request of the petitioner, as projected in

this Arbitration Request.

5. As per the pleadings on record, Annexure

A1 is a partnership deed between the parties and

the petitioner asserts that this has been entered

into validly and with full volition. The mechanism

for resolution of the disputes contained in

Annexure A1, is available in Clause 24 thereof, AR 101/20

which reads as under:

All disputes and differences whatsoever which shall arise between the partners or between the partners and the personal representatives of the deceased partner relating to any matter whatsoever touching the affairs of the partnership or the interpretation of this agreement and whether before or after the determination of the partnership shall be referred to a single arbitrator, if the parties agree upon one, otherwise to three arbitrators one to be appointed by each party to the difference in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force.

6. Ineluctably, therefore, this Court is now

enjoined under the mandate of Section 11(6A) of

the Act to nominate and appoint a suitable

Arbitrator.

In summation:

(a) I nominate Sri.P.R.Shaji, CC-42/1569-D,

Apartment#1, First Floor, Kallath Apartments,

Mathai Manjooran Road, Kochi - 18, as the sole

Arbitrator to adjudicate and resolve the disputes

and differences between the parties to this case

arising from Annexure A1 agreement.

(b) The Registry is directed to communicate AR 101/20

a copy of this order to the learned Arbitrator,

within a period of two weeks from today and to

obtain a Statement of Disclosure from him under

Section 11(8) read with Section 12(1) of the

Arbitration and Conciliation Act, 1996.

(c) Once the Disclosure Statement is

obtained from the learned Arbitrator, the Registry

shall release the certified copy of this order,

with a copy of the said statement appended to it,

retaining the original of the same on the files of

this case.

(d) The fees of the Arbitrator shall be

governed by the Fourth schedule to the Arbitration

and Conciliation Act, 1996.

(e) In order to enable the Arbitrator to

commence the proceedings without delay, I direct

the parties to mark appearance before him at 11 am

on 01.09.2021. Since the respondents are remaining

ex parte in this proceedings, the learned

Arbitrator shall notify them of this date, or a AR 101/20

future date, appropriately.

Sd/-

RR                                DEVAN RAMACHANDRAN
                                        JUDGE
 AR 101/20


                 APPENDIX OF AR 101/2020

PETITIONER ANNEXURE:

ANNEXURE A1        TRUE COPY OF THE ARBITRATION AGREEMENT

DATED 21.10.2018 EXECUTED BETWEEN THE APPLICANTS AND OPPOSITE PARTY.

ANNEXURE A2 TRUE COPY OF THE RECEIPTS DATED 14.11.2018 EVIDENCING ACCEPTANCE OF THE AMOUNT BY THE OPPOSITE PARTY FROM THE APPLICANTS.

ANNEXURE A3 TRUE COPY OF THE RETIREMENT LETTER FROM THE PARTNERSHIP FIRM DATED 21.11.2018 ISSUED BY THE APPLICANTS TO THE OPPOSITE PARTY.

ANNEXURE A4 TRUE COPY OF THE ACKNOWLEDGMENT LETTER DATED 15.12.2018 ISSUED BY THE OPPOSITE PARTY TO THE APPLICANTS.

ANNEXURE A5 TRUE COPY OF THE LAWYER NOTICE DATED 01.08.2020 ISSUED TO THE OPPOSITE PARTY.

ANNEXURE A6 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF HE LAWYER NOTICE.

ANNEXURE A7 TRUE COPY OF THE ACKNOWLEDGMENT CARD AS PROOF OF DELIVERY OF THE POSTAL ARTICLE.