SABU JOSEPH Vs. RAJESH

JUDGEMENT

(1.) Petitioner has filed this Arbitration Request invoking Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), seeking to appoint an Arbitrator to resolve the disputes that have arisen between the petitioner and the respondents.

(2.) Petitioner and the respondents had entered into Annexure1 partnership deed dtd. 13/6/2023 for carrying on business under the name and style "Lintas Beauty Salon & Bridal Studio". The said partnership deed contains an arbitration clause as clause 18, which reads as follows :

(3.) It is stated that Annexure1 deed envisaged the petitioner to be the Managing Partner of the partnership firm and that the petitioner had taken steps towards furthering business of the firm like entering into a licence agreement with the owner of the building wherein the parlour was to be based, furnishing the same, obtaining a licence from Cherpulassery Municipality in the name of the firm etc. Subsequently, various disputes arose between the petitioner and the respondents concerning running of the firm, the intricate details whereof may not be of relevance for the disposal of this Arbitration Request. Suffice it to say that a legal notice dtd. 19/4/2024 invoking the arbitration clause was issued by the petitioner to the respondents. Since the respondents did not reply favourably to the request for appointment of Arbitrator, the petitioner has moved this Arbitration Request invoking the jurisdiction vested in this Court under Sec. 11 of the Act.