Malcolm Joseph vs Ivan Joseph

Type Court Judgment Court Kerala Decided Feb 13, 2023

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https://sooperkanoon.com/case/1404514

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Citation: sooperkanoon.com/1404514
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Feb 13, 2023
Case Number: AR/225/2022

Parties & Advocates

Appellant / Petitioner

Malcolm Joseph

Respondent

Ivan Joseph

Excerpt

..... h.s.junction, kollam-13, mobile no.9446078745 as the sole arbitrator to adjudicate and resolve the disputes and differences between the parties to this case arising from annexure a1 reconstitutedpartnership deed.(b) the registry is directed to communicate 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(c) once the disclosure statement is obtained from the learned arbitrator, theregistry 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 of the(e) in order to enable the arbitrator to commence the proceedings without delay, i direct the parties to mark appearance before him at 11 a.m. on 25.03.2023.sd/- devan ramachandran judge sas appendix of ar 225/2022 petitioner’s annexures annexure a1 true copy of the reconstituted partnership deed dated 31.12.2011 executed by the applicant and respondents annexure a2 true copy of the notice invoking arbitration clause dated 26.05.2021, along with postal receipts and acknowledgment cards annexure a3 true copy of the legal notice dated 07.03.2022, along with postal receipts annexure a4 true copy of the unsigned letter sent by the 1st respondent on 22.03.2022 annexure a5 true copy of the letter dated 22.03.2022 along with envelope

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 13TH DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 PETITIONER: MALCOLM JOSEPH AGED 70 YEARS, SON OF LATE C.B.JOSEPH NO. 310, 5TH FLOOR, KHALEEL SHIRAZI ESTATE, PANTHEON ROAD, EGMORE, CHENNAI, PIN - 600008 BY ADVS. A.KEVIN THOMAS NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL) RESPONDENTS: 1 IVAN JOSEPH, MANAGING PARTNER, M/S. C.B JOSEPH & CO CHARTERED ACCOUNTANTS, CEE BEE BUILDING, HOSPITAL ROAD, KOLLAM, PIN - 691001 2 NAVIN IVAN, PARTNER M/S. C.B JOSEPH & CO CHARTERED ACCOUNTANTS, CEE BEE BUILDING, HOSPITAL ROAD, KOLLAM, PIN - 691001 BY ADV AJAYA KUMAR. G THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Pertinently, except the counter argument that the disputes are not arbitrable, the respondents do not oppose this application.

2. However, Sri.G.Ajaya Kumar - learned counsel appearing for the respondents, submitted that since the claim is very low, it will be apposite that an advocate of this Court be

appointed as the Arbitrator; and then further prayed that the question of arbitrableness of the disputes be left to the learned Arbitrator to consider under the “kompetenz - kompetenz” Principle enshrined in Section 16 of the Taking note of the afore submissions and since Sri.Kevin Thomas - learned counsel for the petitioner, says that the seat of arbitration will have to be in Kollam - both the parties being agreeable to it - I allow this Arbitration Request with the following directions:

(a) I nominate Adv.Alex Thomas, Vadakkadathu, House No.108, T.D.Nagar, Cutcherry

   Ward,        H.S.Junction,                   Kollam-13,         Mobile
   No.9446078745            as       the       sole      Arbitrator      to
   adjudicate            and     resolve         the      disputes      and
   differences           between     the       parties    to   this    case
   arising       from            Annexure         A1      Reconstituted

Partnership Deed.

(b) The Registry is directed to communicate 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

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 of the

(e) In order to enable the Arbitrator to commence the proceedings without delay, I direct the parties to mark appearance before him at 11 A.M. on 25.03.2023.

Sd/- DEVAN RAMACHANDRAN JUDGE SAS APPENDIX OF AR 225/2022 PETITIONER’S ANNEXURES Annexure A1 TRUE COPY OF THE RECONSTITUTED PARTNERSHIP DEED DATED 31.12.2011 EXECUTED BY THE APPLICANT AND RESPONDENTS Annexure A2 TRUE COPY OF THE NOTICE INVOKING ARBITRATION CLAUSE DATED 26.05.2021, ALONG WITH POSTAL RECEIPTS AND ACKNOWLEDGMENT CARDS Annexure A3 TRUE COPY OF THE LEGAL NOTICE DATED 07.03.2022, ALONG WITH POSTAL RECEIPTS Annexure A4 TRUE COPY OF THE UNSIGNED LETTER SENT BY THE 1ST RESPONDENT ON 22.03.2022 Annexure A5 TRUE COPY OF THE LETTER DATED 22.03.2022 ALONG WITH ENVELOPE

Same Court & Year Kerala · 2023 Same Parties Malcolm Joseph vs Ivan Joseph Same Judge Honourable Mr. Justice Devan Ramachandran