Back
2025 Supreme(Online)(Ker) 42627
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
NITHYA. K – Appellant
Versus
JAYAN – Respondent
AR NO. 174 OF 2024 | MCA NO.5 OF 2022
For the Appellants/Petitioners: SHRI.KRISHNADAS P. NAIR, SMT.K.L.SREEKALA, SHRI.HARIDAS P.NAIR, SRI.M.A.VINOD, SRI.M.RAJESH KUMAR, SRI.K.G.MANOJ KUMAR, SHRI.PRASOON.K.P, SMT.ANU PRABHAKAR, SMT.MERLIN THOMAS, SMT.ABHIRAMI P.S.
For the Respondents: SMT.SWATHYKRISHNA K., SHRI.VISHNU PRASAD
A request for arbitration is invalid if the petitioner fails to notify the respondents as required by the arbitration clause.
Headnote:This judgment analyzes an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, which seeks the appointment of an arbitrator according to the arbitration clause in the partnership deed. The court notes that the petitioner failed to provide notice to the respondents, rendering the request for arbitration invalid. The court determined that there was no relevant documentation exhibiting the notice issued by the petitioner to invoke arbitration. The ruling concludes that the application is dismissed but allows the petitioner to file a new request after issuing proper notice to the respondents.
| Table of Content |
|---|
| 1. lack of notice renders arbitration request invalid. (Para 1) |
ORDER
Dated this the 15th day of September 2025
1. This is an application filed under Section 11 (6) of the Arbitration and Conciliation Act , 1996, to appoint an Arbitrator invoking the Arbitration Clause contained in Annexure A1, partnership deed. The petitioner and the respondents are the partners to Annexure A1 partnership deed. Even though notices were served on the respondents, there is no appearance for the respondents. The petitioner has not produced any document to show that he has issued a notice to the respondents proposing his intention to invoke the arbitration clause. There is no averment in the Arbitration Request also, that he has issued a notice to the respondents proposing to invoke the arbitration clause. In the absence of any Notice to the respondents proposing to invoke the arbitration clause, this Arbitration Request is not maintainable.
