Kerala High Court
Arun Kannath vs State Of Kerala on 3 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 13593 OF 2015
PETITIONER/S:
ARUN KANNATH
AGED 41 YEARS, S/O.K.J.ANTONY, ROSE AGNES VILLA, PLOT
NO.119, GCDA COMPLEX, THATTAKKATTUKARA, ALUVA 683108,
ERNAKULAM DISTRICT
BY ADVS.
SRI.PRAVEEN K. JOY
SRI.T.A.JOY
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY, REGISTRATION DEPARTMENT,
SECRETARIAT, TRIVANDRUM
2 REGISTRAR OF FIRMS
VANCHIYOOR, TRIVANDRUM
3 MS.CLASSIC PAINTS
THE MONARCH, 3RD FLOOR, P.T. USHA ROAD, KOCHI 11, REP.
BY M.T.ANTONY, PARTNER
4 M.T.ANTONY
PARTNER, M/S.CLASSIC PAINTS, THE MONARCH, 3RD FLOOR,
PT. USHA ROAD, KOCHI 11
5 SIMI ANTONY
AGED 42 YEARS, D/O.M.T.ANTONY, RESIDING AT G.433,
PANAMPILLY NAGAR, COCHIN 682036
6 RAJI SIDHARTHAN
AGED 49 YEARS, W/O.K.K.SIDHARTHAN, RESIDING AT 29/1063,
DEEPTHI, JANATHA ROAD, VYTILA, KOCHI 682019
BY ADVS.
GOVERNMENT PLEADER
M/S.VARGHESE & JACOB
MS.VARGHESE JACOB
SRI.VIVEK VARGHESE P.J.
W.P (C) No.13593/2015 -2-
SRI.VARUGHESE M EASO
OTHER PRESENT:
SRI.VENUGOPAL V.- GP, SRI. VIVEK VARGHESE P.J.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.13593/2015 -3-
JUDGMENT
This writ petition was filed challenging Ext.P7 order issued by the
Registrar of Firms (2nd respondent) regarding the reconstitution of the firm. It
is seen from a reading of Ext.P7 that, arbitration proceedings had been
initiated at the instance of the petitioner and this court had by Ext.P6 order in
A.R. No.6/2015 appointed an Arbitrator in the matter of dispute between the
petitioner and other partners of the firm. It is also evident from a reading of
Ext.P7 that the arbitration award was challenged by the petitioner by filing
Arbitration O.P No.288/2013 before the District Court, Erankulam. Since the
disputes between the parties have been adjudicated by invoking the
arbitration clause and the award of the Arbitrator has also been challenged in
accordance with the provisions of Section 34 of the Arbitration and
Conciliation Act, 1996 and since E.P No.627/2016 is pending for execution of
the award, the question of considering any challenge to Ext.P7 does not arise
for consideration. Writ petition fails and it is accordingly closed, making it
clear that this will have no bearing whatsoever on the contentions of the
petitioner in the arbitration proceedings or in any original petition filed
challenging the arbitration award or in other proceedings emanating there
from.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 13593/2015
PETITIONER EXHIBITS
EXHIBIT P1:THE TRUE PHOTOCOPY OF THE PARTNERSHIP DEED
EXHIBIT P2:THE TRUE PHOTOCOPY OF THE PETITION BEFORE THE 2ND
RESPONDENT
EXHIBIT P3:THE INTERIM ORDER IN ARB OP.NO.288/2013OF THE DISTRICT
COURT, ERNAKULAM
EXHIBIT P4:THE TRUE COPY OF THE COUNTER AFFIDAVIT IN
IA.NO.1660/2013 IN ARB OP.288/2013 BEFORE THE DISTRICT COURT,
ERNAKULAM
EXHIBIT P5:THE TRUE COPY OF JUDGMENT DATED 07.11.2013 IN
EXHIBIT P6:THE JUDGMENT IN AR.6/15 DATED 08.04.2015
EXHIBIT P7:THE TRUE COPY OF THE ORDER DATED 25.02.2015 OF THE 2ND
RESPONDENT
