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2026 Supreme(Online)(Ker) 19471

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
SUMESH K J – Appellant
Versus
DIVYA HARIDAS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.T.R.ASWAS
For the Respondents: SHRI.SAIBY JOSE KIDANGOOR, SRI.S.S.ARAVIND, SHRI.TINU ABRAHAM, SHRI.BENNY ANTONY PAREL, SHRI.SREERAJ S. RAJARAM, SMT.SAINA FATHIMA S. R.

Table of Content
1. existence of a partnership and claims arising. (Para 1 , 2 , 3)
2. court's assessment of the case. (Para 4)
3. directions for arbitration proceedings. (Para 5 , 6)

O R D E R

Petitioners and the respondents 1 and 2 are the partners of the 3rd respondent partnership firm. The firm was registered on 28.05.2024. A copy of the partnership deed is produced as Annexure B.

2. According to the petitioner, he invested Rs.30 lakhs initially in the partnership business and later advanced an amount of Rs.11,12,500/- also. Thereafter some differences of opinion arose between the petitioner and respondents 1 and 2 regarding the management of the business. The petitioner therefore resigned from the partnership notifying the resignation with effect from 01.09.2025. This was acknowledged by the respondents.

3. Petitioner states that an amount of Rs.41,12,500/- is due to him with 12% interest from the 3rd respondent firm as also the other respondents jointly and severally. Annexure D is an e- mail communication issued by the petitioner demanding the settlement of claims. It was issued on 23.10.2025. The 2nd respondent sent a reply acknowledging that Rs.30,58,719/- was payable to the pet

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