Dr.Raju Mathew vs Dr.Jose Paul
2022 Latest Caselaw 9885 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                   OP(C) NO. 1678 OF 2018
   AGAINST THE ORDER IN OS 122/2018 OF MUNSIFF MAGISTRATE
                      COURT,THODUPUZHA
PETITIONER:

         DR.RAJU MATHEW,AGED 69 YEARS, S/O E.J MATHEW,
         EDATHALA HOUSE,RAMALLOOR, KOTHAMANGALAM,
         PIN-686691.
         BY ADVS.
         SRI.MATHEW KURIAKOSE
         G.SREEKUMAR (CHELUR)
RESPONDENTS:

    1    DR.JOSE PAUL,AGED 76 YEARS, S/O PAULOSE
         VELLIMOOZHAYIL,PARTNER, MOUNT SINAI HOSPITAL,
         THODUPUZHA, PIN-685584.
    2    DR. BABY MATHEW,AGED 66 YEARS, S/O E.J MATHEW,
         PARTNER,MOUNT SINAI HOSPITAL, THODUPUZHA,
         RESIDING AT EDATHALA HOUSE, KOTHAMANGALAM PO,
         KOTHAMANGALAM, PIN-686691.
    3    MARY JOSE,AGED 71 YEARS, W/O DR.JOSE
         PAUL,RESIDING AT VELLIMOOZHAYIL HOUSE,
         THODUPUZHA, PIN-685584.
    4    SHIBU JOSE,AGED 34 YEARS, S/O DR.JOSE
         PAUL,RESIDING AT VELLIMOOZHAYIL HOUSE,
         THODUPUZHA, PIN-685584.
         BY ADVS.
         ANIL XAVIER
         M.RISHIKESH SHENOY
         S. SMITHA


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       Sathish Ninan, J.
               ==============================
                    O.P.C No.1678 of 2018
                 ==========================
           Dated this the 31st day of August, 2022

                                JUDGMENT

Order under Section 8 of the Arbitration and

Conciliation Act, 1996(for short, 'the Act') referring

the parties to arbitration, is under challenge in this

Original Petition, by the plaintiff in the suit.

2. The dispute involved in the suit relates to the

management and administration of a partnership firm. The

plaintiff seeks for a prohibitory injunction against

defendants 3 and 4 from interfering with the management

and administration of the firm. Relying on Ext A1

partnership deed, defendants 3 and 4 claim that they are

partners of the firm. Clause 18 of the partnership deed

provides for resolution of disputes between the partners

by arbitration. They filed I.A No.389 of 2018 under

Section 8 of the Act to relegate the parties to

arbitration. The application was allowed by the trial

court as per Ext P8 order. The same is under challenge.

3. Heard Sri.G.Sreekumar Chelur, learned counsel

for the petitioner and Sri.Rishikesh Shenoy on behalf

of the contesting respondents.

4. The contention of the petitioner - plaintiff is

that, the Partnership Deed relied on by defendants 3

and 4 is a forged document. They rely on the Form A

extract of the register of firm. All these are matters

to be urged before the Arbitrator. Prima facie, there

is a Partnership Deed between the parties which

contains an arbitration clause. The Court was right in

taking note of the same and referring the parties to

arbitration in terms of Section 8 of the Act. The order

impugned suffers from no infirmity.

The Original Petition lacks merit and is dismissed.

Sd/-

Sathish Ninan, Judge

vdv

APPENDIX OF OP(C) 1678/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT FILED BY THE PETITIONER IN OS NO.122/2018 BEFORE THE HON'BLE MUNSIFF'S COURT, THODUPUZHA. EXHIBIT P2 TRUE COPY OF FORM A DATED 01.03.2018(MAINTAINED UNDER SECTION 59 OF THE INDIAN PARTNERSHIP ACT, 1932) BY THE REGISTRAR OF FIRMS, THIRUVANANTHAPURAM, IN RESPECT OF THE PARTNERSHIP FIRM OF THE PETITIONER, VIZ, MOUNT SINAI HOSPITAL.

EXHIBIT P3 TRUE COPY OF THE LAWYER NOTICE DATED 12.03.2018 SENT BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P4 TRUE COPY OF I.A NO.374/2018 FILED BY THE PETITIONER IN OS NO.122/2018 BEFORE THE HON'BLE MUNSIFF'S COURT, THODUPUZHA. EXHIBIT P5 TRUE COPY OF I.A NO.375/2018 FILED BY THE PETITIONER IN O.S NO.122/2018 BEFORE THE HON'BLE MUNSIFF'S COURT, THODUPUZHA. EXHIBIT P6 TRUE COPY OF I.A NO.389/2018 FILED BY THE 1ST, 3RD AND 4TH RESPONDENTS IN O.S NO.122/2018 BEFORE THE HON'BLE MUNSIFF'S COURT, THODUPUZHA.

EXHIBIT P7 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN I.A NO.389/2018. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 14.06.2018 PASSED BY THE HON'BLE MUNSIFF'S COURT, THODUPUZHA IN EXHIBIT P7 IN I.A NO.386/2018.