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1977 Supreme(Online)(Ker) 6

KERALA HIGH COURT
Gopalan Nambiyar, ACJ
George and Others v. Mathai


1 The Order of the Court was pronounced by Gopalan Nambiyar, Ag. C. J. - This revision petition is against the order of the Sub Court, Pathanamthitta in Arbitration O.P. No. 1 of 1970. The petitioner and the cr. petitioner were partners of a firm called M. George and Brothers Bankers, Kozhencherry. There was a notice of dissolution of the firm issued by the one to the other; in response to which the arbitration clause in the agreement was invoked and one of the partners appointed an arbitrator Mr. K. V. Joseph. As the other partner did not appoint his arbitrator, a petition under S.8 of the Arbitration Act, was filed to compel appointment of an arbitrator by the other partner or to have arbitration proceedings conducted by Mr. K. V. Joseph as the sole arbitrator. That resulted in the appointment of an arbitrator on behalf of the other partner also. As arbitration proceedings did not progress any further, I.A. No. 941 of 1971 was filed for appointment of a Receiver. The same was dismissed by order dated 18th July 1973. On 16th August 1973, I.A. No. 456 of 1973 was filed for reviewing the said order on the ground that it was vitiated by error apparent on the face of the record and th


























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