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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
PAUL E JOSEPH – Appellant
Versus
M/S MPS IRON AND STEEL – Respondent
| Table of Content |
|---|
| 1. partnership disputes require arbitration. (Para 1 , 2) |
| 2. court upholds arbitration clause and its invocation. (Para 3) |
JUDGMENT
Petitioner is a partner of M/s. MPS Iron and Steel, a registered partnership firm. Respondents 2 and 3 are two other partners. Disputes have arisen between the partners regarding settlement of accounts. The partnership deed has been produced as Annexure A1. Clause 19 of Annexure A1 deed as under:-
“All disputes and differences whatsoever which shall, either during the partnership or after the termination thereof, arise between the partners or their respective representatives or between any partner and the representative of the other partner shall be referred to arbitrators, one to be appointed by each party as per the provisions of the Indian Arbitration Act, 1940 or any other statutory modification or enactment thereof for the time being in force and the award of such arbitrators or the umpire, as the case may be, shall be binding on all the parties tot he said disputes.”
2. The applicant issued Annexure A2 notice invoking the arbitration clause. Reply issued by the 2nd respondent to Annexure A2 is produced as Annexure A4. The 3rd responde
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