JUDGMENT

The original petition is filed aggrieved by Exhibit P9 passed by the sole Arbitrator in A.R.C No.112/2019 under Section 16 of the Arbitration and Conciliation Act, 1996 (in short ‘Act’), ruling that he has the jurisdiction to adjudicate the claim petition.

2. The skeletal facts relevant for the determination of the original petition are:

(i) The petitioner is the respondent in A.R.C No.112/2019, filed by the respondent before the sole Arbitrator. The petitioner and the respondent had entered into Exhibit P1 deed of partnership. The respondent had filed O.S No.64/2017 (Exhibit P2) before the Court of the Subordinate Judge, Kozhikode, alleging that the petitioner had to pay him an amount of Rs.17,50,000/-. The petitioner appeared in the suit and filed I.A No.1781/2017, under Sec.8 (1) of the Act, contending that in view of Clause 17 (e) of Exhibit P1 deed of partnership, the parties had agreed to resolve their disputes through arbitration. Hence, the suit was not maintainable. The civil court, by Exhibit P3 order, allowed the application and by Exhibit P4 judgment referred the parties to arbitration.

(ii) The respondent approached this Court and filed A.R No.112/2019 to appoi