K.K.SCARIA Vs. N.MOHANDAS

JUDGEMENT

(1.) Aggrieved by Ext.P5 order, the respondent before the court below has come up with this Original Petition pointing out the impropriety and irregularity in the arbitration allowing the amendment sought for by the petitioner before the Arbitrator.

(2.) The petitioner is the proprietor of a firm under the name and style 'Matha Theatre' in Sulthan Bathery, Wayanad District. The second and third respondents are the brothers of the petitioner. It is conceded that on 27.05.1992, a partnership agreement was constituted between the petitioner and respondents for the purpose of availing a loan from the bank. Based on the partnership agreement, loan was sanctioned and theatre was constructed in the 47 cents of land. The petitioner who claims to be the proprietor, is managing the affairs of the theatre. Due to financial stringency, the petitioner was not in a position to repay the loan to the Bank and the Bank initiated proceedings in that regard.

(3.) At that time, the second respondent sent a registered notice to the petitioner to render authenticated copies of the accounts of the partnership and demanded payment of his share, interest and remuneration. The petitioner sent a reply denying any right as far as the second respondent is concerned in the running of the theatre. That resulted in a dispute being generated between the parties.