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Kerala High Court
Paul E Joseph vs M/S Mps Iron And Steel on 7 January, 2026
2026:KER:718
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 7TH DAY OF JANUARY 2026/17TH POUSHA, 1947
AR NO. 206 OF 2025
PETITIONER(S):
PAUL E JOSEPH
AGED 55 YEARS
S/O. LATE E.P JOSEPH,
ELAMKUNNAPUZHA HOUSE, TD ROAD,
COCHIN,ERNAKULAM DISTRICT, PIN - 682035
BY ADVS.
SRI.DINESH R.SHENOY
SMT.SHANTHIPRIYA D. SHENOY
SHRI.MOHAMED SHALI NAMSHAD
SHRI.ANANDA SUBRAMANIAM
SMT.ANJANA A.
RESPONDENT(S):
1 M/S MPS IRON AND STEEL
A REGISTERED PARTNERSHIP WITH OFFICE AT,
BARAKA HOUSE, 22/1340, EDAKOCHI, COCHIN,
REPRESENTED BY ITS PARTNER P ABDUL MUNEER.,
BARAKA HOUSE, 22/1340, EDAKOCHI,
COCHIN, ERNAKULAM DISTRICT, PIN - 682006
2 P A ABDUL MUNEER
S/O. P. SAIDALAVI,
BARAKA HOUSE, 22/1340, EDAKOCHI,
COCHIN - 682006
FROM NASEEMA MANZIL, KODAPPAN,
CHETTIPPADY P.O,
MALAPPURAM DISTRICT, PIN - 676319
3 P.A.MUHAMMAD SAGEER
S/O P. M ABDUL RAHMAN,
PLACHOTIL HOUSE, VATTANOM,
VADAKKEKKARA P.O., NORTH PARAVUR,
ERNAKULAM DISTRICT., PIN - 683522
AR NO. 206 OF 2025 2026:KER:718
2
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.V.A.VINOD
SRI.N.S.AJAY
SHRI.RAJATH R NATH
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SHRI.JIJO PAUL
SMT.C.J.JINCY
SMT.ANUPAMA BALACHANDRAN
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 07.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
AR NO. 206 OF 2025 2026:KER:718
3
JUDGMENT
Petitioner is a partner of M/s. MPS Iron and Steel, a
registered partnership firm. Respondents 2 and 3 are two other
partners. Disputes have arisen between the partners regarding
settlement of accounts. The partnership deed has been produced
as Annexure A1. Clause 19 of Annexure A1 deed as under:-
"All disputes and differences whatsoever which
shall, either during the partnership or after the
termination thereof, arise between the partners
or their respective representatives or between
any partner and the representative of the other
partner shall be referred to arbitrators, one to be
appointed by each party as per the provisions of
the Indian Arbitration Act, 1940 or any other
statutory modification or enactment thereof for
the time being in force and the award of such
arbitrators or the umpire, as the case may be,
shall be binding on all the parties tot he said
disputes."
2. The applicant issued Annexure A2 notice invoking
the arbitration clause. Reply issued by the 2 nd respondent to
Annexure A2 is produced as Annexure A4. The 3 rd respondent also
issued a reply which has been produced as Annexure A5. There is
no consensus among the parties regarding the Arbitrator to be
AR NO. 206 OF 2025 2026:KER:718
nominated. Therefore, the applicant has approached this Court.
Notice was issued and respondents 2 and 3 have entered
appearance through Counsel.
3. Heard the learned Counsel for the applicant and
the learned Counsel appearing for respondents 2 and 3. Perused
the pleadings and documents. It is clear that serious disputes have
arisen between the petitioner and the respondents 2 and 3. In
view of the arbitration clause in the Annexure A1, such disputes
have to be resolved through arbitration. It is also clear that the
applicant invoked the arbitration clause and issued notice as
contemplated under Section 21 of the Arbitration and Conciliation
Act to the respondents 2 and 3. In the above circumstances, I am
of the view that this arbitration request can be allowed.
Therefore, the following directions are issued :-
1. The Kerala High Court Arbitration Centre is
directed to nominate a District Judge (Retd.)
from Panel-III, preferably from Ernakulam, as
the sole Arbitrator to resolve the disputes
that have arisen between the petitioner and
the respondents under Annexure A1 Deed.
2. The learned Arbitrator may entertain all issues
between the parties in connection with the
said Agreements, including questions of
jurisdiction and limitation, if any, raised by
AR NO. 206 OF 2025 2026:KER:718
the parties. All contentions of the parties are
left open and they are at liberty to raise their
claims and counterclaims, if any, before the
learned Arbitrator, in accordance with law.
3. The Registry shall communicate the substance
of this order to the Kerala High Court
Arbitration Centre within ten days and the
Centre shall inform the learned Arbitrator
within a further period of one week and shall
obtain duly signed Form 3 as required under
Rule 20(4) of the Kerala High Court
(Arbitration Centre) Rules, 2025 and forward
the same to this Court.
4. Upon receipt of the Form 3, the Registry shall
issue a certified copy of this order with a
copy of the Form 3 appended to the Kerala
High Court Arbitration Centre. The original of
the Disclosure Statement shall be retained
by the Kerala High Court Arbitration Centre.
5. The fees of the learned Arbitrator of the
Kerala High Court Arbitration Centre shall be
governed by Rule 28 of the Kerala High Court
(Arbitration Centre) Rules, 2025. The manner
in which the fees and costs payable by the
parties shall be governed by Rule 27 of the
Kerala High Court (Arbitration Centre) Rules,
2025.
AR NO. 206 OF 2025 2026:KER:718
6. If the learned Arbitrator needs the assistance
of an expert, then he is at liberty to seek
such assistance in the course of the
arbitration proceedings.
Sd/-
S.MANU
JUDGE
ANK
AR NO. 206 OF 2025 2026:KER:718
APPENDIX OF AR NO. 206 OF 2025
PETITIONER'S ANNEXURES
ANNEXURE A1 TRUE PHOTOCOPY OF THE DEED OF PARTNERSHIP
DATED 16/04/2010.
ANNEXURE A2 TRUE PHOTOCOPY OF THE LAWYER NOTICE DATED
29/06/2025 ISSUED TO THE RESPONDENTS.
ANNEXURE A3 CERTIFIED COPY OF THE INTERIM ORDER DATED
8/7/2025 IN IA.NO.2/2025 IN M.A.ARB.NO.
229/2025, COMMERCIAL COURT, ERNAKULAM.
ANNEXURE A4 TRUE PHOTOCOPY OF THE REPLY NOTICE ISSUED
BY THE 2ND RESPONDENT DATED 22/07/2025.
ANNEXURE A5 TRUE PHOTOCOPY OF THE REPLY NOTICE ISSUED
BY THE 3RD RESPONDENT DATED 14/07/2025.
