S. BALAJI S/O S.I. SANKARAN Vs. OUTBACK ADVENTURES, A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS, SRI. ABDUL ALEEM, S/O ABDUL AZEEZ M. AND SHRI BHARATH P.G. S/O SRI. P.S. GOPAL

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.) ACCORDINGLY , the petitions are allowed. The matters are referred to a sole arbitrator Shri A. Venkat Rao, Retired District Judge, MIG No. 5, Kamakshi Hospital Road, Saraswathipuram, Mysore, who shall enter upon the reference and adjudicate the dispute between the parties in accordance with law without restricting the scope of arbitration to any particular area suggested by the Petitioner in CMP. 153/10. The same is left open for adjudication by the arbitrator. He shall also take the assistance of a Chartered Accountant, if the need is felt during the proceedings.