IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 30.03.2026 Pronounced on: 30.03.2026 CORAM:

THE HONOURABLE Mr. JUSTICE P.DHANABAL Arb.O.P.(Com.Div.)No.731 of 2025 M.John Rose (Male/70 years)

S/o.Maria Michel Rep. by its Power Agent, Biju John, S/o.John Rose having permanent residence at No.5-55, Shanthi Nikethan, Otta Pilavaillai Veedu, Puthukadai, Arudesom Village, Vilavancode Taluk (Now Killiyoor Taluk), Kanyakumari District. ...Petitioner vs.

D.John Franklin ...Respondent Prayer: Arbitration Original Petition filed under Section 11(6) of Arbitration and Conciliation Act, 1996, to appoint Mr.S.Mukund, Senior Advocate of Madras High Court or any other person as this Court may deem fit, proper and appropriate to act as the Sole Arbitrator to adjudicate the disputes and differences that have arisen between the petitioner and the respondent as per Clause 20 of the Partnership Deed, dated 05.04.2006.

For Petitioner : Mr.Abhinav Parthasarathy For Respondent : Mr.Adithya Varadarajan

ORDER

This petition has been filed by the petitioner to appoint Mr.S.Mukund, Senior Advocate of Madras High Court or any other person as the Sole Arbitrator to adjudicate the disputes and differences that have arisen between the petitioner and the respondent, as per Clause 20 of the Partnership Deed dated 05.04.2006.

2. According to the petitioner, he entered into Partnership Deed with the respondent on 05.04.2006. Now the petitioner is residing at Muscat, Oman and thereby he appointed Mr.Biju John as Power Agent through Power Deed dated 17.07.2025. The petitioner and the respondent are hailing from the same village and are known to each other. While so, the respondent had approached the petitioner seeking financial assistance to set up M/s.HSD Dealership of petrol, diesel, oil and speed diesel etc. at Panikulam Village. The petitioner had invested money towards purchase of the property to set up the petrol bunk and to pay the necessary licence fee and earnest money. The dealership licence was obtained in the name of the respondent under the name and style of M/s.Annai Petroleum at Panikulam Village. The properties were also purchased in the name of the respondent. The petitioner invested a sum of Rupees 16.5 lakhs for the business and also invested a sum of Rupees 2 lakhs towards earnest money with BPCL for getting a letter of intent towards construction of an office building for the purpose of partnership business.

2.1. As per Clause 6 of the Partnership Deed, purchase of land was done in the name of the respondent and letter of intent and licence were also obtained in the name of respondent from BPCL. The bank account of the partnership firm was held with the State Bank of Travancore, Irenipuram Branch, solely operated by the respondent. On 07.03.2018, the respondent issued a letter to the petitioner stating that the petitioner has orally sought for return of capital amount invested in the firm and the respondent is ready to refund the capital amount of Rupees 16.5 lakhs. The petitioner had issued a reply notice dated 03.04.2018 denying the averments in the notice and denied his consent to wind up the partnership business and thereafter, since 2018 there has been no communication from the respondent and no payments have been rendered by the respondent to the petitioner. Therefore, the petitioner issued a legal notice dated 22.02.2024 claiming equal share in the above said business. No reply has been received from the respondent.

2.2. Taking advantage of the petitioner's old age and his frequent absence from the Country, the respondent had failed to pay lawful dues as per the Partnership Deed and also not permitted the petitioner to access the books related to the business. Thereafter, on 04.03.2025, the petitioner had effected a legal notice through his counsel by invoking Clause 20 of the Partnership Deed to amicably resolve the issues between themselves and had nominated the aforesaid senior advocate to act as a Sole Arbitrator. Belatedly on 13.05.