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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
MARYKUTTY JOSEPH – Appellant
Versus
TESSU TOJO – Respondent
| Table of Content |
|---|
| 1. partnership entails arbitration for dispute resolution. (Para 1 , 2) |
| 2. court confirms existence of valid arbitration clause. (Para 3 , 4 , 5 , 6) |
ORDER
The petitioner and the 1st respondent are partners of a firm.
The 2nd respondent is the husband of the 1st respondent and according to the petitioner he is managing the affairs of the firm on behalf of the 1st respondent. The partnership was reconstituted on 01.04.2025. The copy of the deed of reconstitution of the partnership is produced as Annexure A1. Clause 26 of Annexure A1 reads as under:
“26. Any dispute or difference of opinion arising between the partners in relation to the interpretation, implementation, or enforcement of any of the provisions of this Deed, or any other matter connected with the partnership, shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act , 1996, as amended from time to time.”
2. On 04.06.2025 a deed of retirement/relinquishment was entered into between the petitioner and the 1st respondent whereby the 1st respondent retired from the partnership firm. A copy of the deed of retirement/relinquishment dated 04.06.2025 is produced as A
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