G. TEC AND ORS. Vs. KOULATH KAREEM

JUDGEMENT

(1.) Can the disputes involved in this case be resolved by an arbitral tribunal, which is a private forum chosen by the parties or whether they would exclusively fall within the domain of courts being public fora

(2.) The suit before the court below is one for dissolution of a partnership and for rendition of accounts etc. The plaintiff has instituted the suit by making serious allegations against the defendant, who is the petitioner herein. The plaintiff has gone to the extent of alleging that the petitioner herein had forged the signature of the plaintiff and had withdrawn various amounts from her bank accounts, that too by committing impersonation. There are further averments and allegations that the accounts were deliberately falsified. It is also specifically alleged that the plaintiff, who was abroad, was deliberately defrauded, cheated and her amounts were withdrawn illegally from the bank through impersonation and forgery, for which she was compelled to file a complaint, on which a criminal case was registered and consequently, the petitioner was placed under arrest and he was remanded. Of course, it seems that no materials were produced or evidence was adduced before the court below to substantiate those allegations.

(3.) The defendant in the suit, who is the petitioner herein, wanted to get invoked the arbitration clause contained in clause 13(h) of Ext.P1 partnership deed, which says:-