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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
K.D. WILSON – Appellant
Versus
M/S. WIN PLUS FINANCE – Respondent
| Table of Content |
|---|
| 1. partners allege mismanagement and lack of transparency. (Para 1 , 2 , 3) |
| 2. court recognizes serious disputes and hears arguments. (Para 4) |
| 3. court orders arbitration for dispute resolution. (Para 5) |
JUDGMENT
Petitioners are partners of a partnership firm ‘M/s. Win Plus Finance’. The firm was constituted as per Annexure A1 Partnership Deed dated 08.10.2013. The 2nd respondent is the Managing Partner of the firm.
2. According to the petitioners, from 2022 onwards, the affairs of the firm are under the control of the 2nd respondent. They submit that the details of the business are not being disclosed to them by the 2nd respondent. The books of accounts are not made available to the petitioners. They allege that the funds of the firm were diverted by the 2nd respondent to different entities created by the 2nd respondent.
3. In the above background, the petitioners filed an application under Section 9 of the Arbitration and Conciliation Act before the Commercial Court, Thrissur, invoking the arbitration clause in Annexure A1. Annexure A2 notice was issued on 15.04.2025. Notice was served on the 2nd respondent. As there was no response from the 2nd respondent, this arbi
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