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2018 Supreme(Online)(KER) 17699

HIGH COURT OF KERALA
SHRI.A.A.MOHAMED NISHAM – Appellant
Versus
SMT.K.SUBAIDA – Respondent


This Arbitration Request is filed by one of the

partners, who along with the respondents entered into a

partnership deed-Annexure A for carrying out the

business in the name and style of M/s.King Beedi

Company. The respondents are his mother and brothers.

Annexure A partnership deed was registered on

28.10.2013 with the petitioner as the Managing

Partner, with 40% share. The petitioner is Convict

No.2322 undergoing imprisonment at Central Prison,

Poojappura, on conviction by Sessions Court, Thrissur

for an offence under Section 302 of IPC. While in jail,

he had executed power of attorney in favour of

respondents 2 and 3, who are his brothers, authorising

them to represent him in his business and other

activities as mentioned therein. However certain

Arbitration Request No.34/2018

:3:

disputes arose between petitioner and respondents.

Thereupon, the petitioner issued Annexure-B notice on

10.09.2017 informing that he nominated and appointed a

Senior Advocate of this Court as Arbitrator on his part

and requesting the respondents to appoint Co-Arbitrator

in tune with Clause 20 of Annexure A partnership deed.

2. On receipt of Annexure B n

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