IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. M. Shaffique, J
Unnimoidu v. Muhammad Iqbal
1. Petitioner filed this Arbitration Request, invoking S.11 of the Arbitration and Conciliation Act, 1996 (for short "the Act of 1996") seeking to appoint a sole Arbitrator to adjudicate the disputes and differences between the petitioner and the respondent arising out of a partnership agreement.
2. Petitioner and the respondent are partners of a firm by name 'Orchard Builders and Developers'. The partnership agreement dated 04.10.2012 is produced as Annexure A1. The object of the partnership is inter alia stated in the deed as acquiring, constructing and selling property. The deed contained an arbitration clause at Clause 21 which reads as follows:
"21. That in case any dispute arises thereafter among the partners or representatives of the deceased partner relating to any term or condition or with regard to the partnership assets / liabilities, the same shall be referred to arbitration and the provisions of the India Arbitration Act shall apply thereto."
3. The partnership firm was registered with the Registrar of Firms and a copy of the acknowledgment of registration of firms issued by the Office of the Registrar of Firms is produced as Annexure A1 (a). A parcel of land situated i
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