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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
JAMES GEORGE – Appellant
Versus
JOSHY FRANCIS – Respondent
| Table of Content |
|---|
| 1. disputes arising within partnership require invocation of arbitration. (Para 1 , 2) |
| 2. validity of arbitration notice contested under section 21. (Para 3 , 4) |
JUDGMENT
Applicants and the respondents are partners of a partnership firm “D’ Heavenly Mist”. Annexure A1 is a copy of the partnership deed. It contains an arbitration clause.
2. Disputes arose between the petitioners and the respondents. Petitioners issued a communication by e-mail, produced as Annexure A5 and thereafter approached this Court in this arbitration request contending that the the respondents did not respond to the communication invoking the arbitration clause.
3. The petitioners have invoked the jurisdiction of the Commercial Court under Section 9 of the Arbitration and Conciliation Act. Against the order passed by the Commercial Court an appeal was filed and that was dismissed by the Commercial Appellate Court. O.P.(Civil) No.794 of 2024 was filed against the order of the Commercial Appellate Court, by which the order of the Commercial Court was upheld. By judgment dated 26.06.2024, the O.P(Civil) was disposed by a learned Single Judge of this Court. The learned Single Judge held that there was
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