K. N. SATISH Vs. NAGSON AND CO

JUDGEMENT

(1.) Sri Srinivasan Raghavan, the learned Senior counsel who appears for Smt. Nayana Tara B.G. who is on record for the petitioner, and Sri.Mallikarjun N.K., learned counsel who appears for Sri A.Sampath who is on record for the respondents, are heard.

(2.) The respondents do not dispute that they are parties to the subject partnership deeds but propose to oppose the petition contending that the petitioner's claim is not arbitrable because an "outgoing/retiring partner " would not be a "partner " as contemplated in the arbitration clause that is part of the partnership deeds and the petitioner's claim is bared by limitation. However, it is not canvassed that the petitioner's claim could be called "a deadwood " at this stage.

(3.) In the aforesaid circumstances, this Court is of the considered view that the petition must be allowed appointing the sole arbitrator to enter reference of the dispute leaving all the contentions open to be urged before the sole arbitrator. As such, the following: