LAWS(KAR)-2011-3-443

OUTBACK ADVENTURES, A REGISTERED PARTNERSHIP FIRM, ABDUL ALEEM, S/O ABDUL AZEEZ M AND ORS ; S BALAJI S/O S I SANKARAN Vs. S BALAJI S/O S I SANKARAN; OUTBACK ADVENTURES, ABDUL ALEEM, S/O ABDUL AZEEZ M AND; BHARATH P G S/O P S GOPAL

Decided On March 15, 2011
OUTBACK ADVENTURES, A REGISTERED PARTNERSHIP FIRM, ABDUL ALEEM, S/O ABDUL AZEEZ M AND ORS ; S BALAJI S/O S I SANKARAN Appellant
V/S
S BALAJI S/O S I SANKARAN; OUTBACK ADVENTURES, ABDUL ALEEM, S/O ABDUL AZEEZ M AND; BHARATH P G S/O P S GOPAL Respondents

JUDGEMENT

(1.) The Petitioners in these petitions are partners of a firm and disputes having arisen between the parties, they have sought for reference to arbitration.

(2.) The learned Counsel appearing for the Petitioner in connected CMP. 172/10 would raise vehement objections to the nominations of the two arbitrators by the Petitioner in CMP. 153/10. He would submit that the Petitioner in CMP. 153/10 seeks reference of a limited dispute whereas there are larger disputes to be addressed, which have arisen between the parties. He would further submit that the assistance of a Chartered Accountant, is very much necessary as a lay person or other professionals would not be able to address the accounts, which are in dispute and would submit that arbitrators, if any, shall consist of a Chartered Accountant as well.

(3.) However, the learned Counsel for the Petitioner in CMP. 153/10 would submit that the reference may be made to a sole arbitrator, who in turn may be permitted to take the assistance of a Chartered Accountant, if it is so warranted.