P K MANI Vs. P J MATHAI

JUDGEMENT

(1.) In this petition Mr. T. S. Krishnamoorthy Iyer, learned counsel for the petitioner who was the respondent in C. R. P. 26/64, asks for a certificate being issued by this court to enable him to challenge the decision of this court on appeal to the Supreme Court. In the application itself the prayer is to the effect that the certificate may he granted under Art.133(1)(b) & (c) of the Constitution.

(2.) The petitioner made an application to the learned Subordinate Judge, Ernakulam, for appointment of an arbitrator under S.8(1)(a) of the Arbitration Act on the ground that the other partners with whom he was carrying on business in partnership have failed concur with the appointment of an arbitrator.

(3.) The application filed by this petitioner no doubt, was opposed by the respondents on the ground that S.8(1)(a) has no application in view of the provisions contained in Clause.17 of the agreement entered into by the partners. The learned Subordinate Judge however, accepted the claim of the petitioner and appointed an arbitrator under S.8(1)(a) of the Indian Arbitration Act.