K.ABRAHAM MATHEW
T. P. Daison – Appellant
Versus
Varghese Jose T. – Respondent
Petitioners are husband and wife. Respondents 1 and 2 also are husband and wife. All of them are partners of three firms. Disputes arose between the petitioners on the one side, and the respondents 1 and 2 on the other. The 3rd respondent Chartered Accountant, who was auditor of both parties, attempted to settle the disputes. It resulted in their executing Ext P1 agreement dated 27.12.2012, by which they appointed the third respondent their arbitrator to decide disputes that might arise between the parties as to the implementation of the agreement. There was an understanding that the third respondent would not continue to work as the auditor of both parties. Later, a dispute arose between the two parties. On 6.6.2014 the first petitioner sent Ext P2 letter to the third respondent requesting him to enter on arbitration. On 16.6.2014 the former sent Ext P3 reminder to him. By Ext P4 notice he informed both parties that the arbitration proceedings would be conducted on 19.7.2014. Thereafter, the petitioners learnt that the third respondent continued to work as the auditor of respondents 1 and 2. At the instance of the third respondent the other respondents filed O.S.No.172 of 2
J.K. Iron and Steel Co. Ltd., Kanpur v. The Iron and Steel Mazdoor Union, Kanpur, (1955) 2 SCR 1315
The Engineering Mazdoor Sabha v. The Hind Cycles Ltd, Bombay, 1963 Supp(1) SCR 625
Associated Cement Companies Ltd., v. P.N. Sharma, (1965)2 SCR 366
All Party Hill Leaders Conference
A.C. Companies v. P.N. Sharma (AIR 1965 SC 1595)
Indo China Steam Navigation Company Ltd v. Jasjit Singh, Additional Collector of Customs
Durga Shankar Mehta v. Raghuraj Singh (AIR 1954 SC 520)
Bharat Bank Ltd. v. Employees of Bharat Bank (AIR 1950 SC 188)
State of Madhya Pradesh v. Vayam Technologies Ltd. (AIR 2014 MP 88)
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