Kerala High Court
Nidheesh K vs Rajendran Kulangara on 8 January, 2026
2026:KER:947
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
AR NO. 218 OF 2025
PETITIONERS:
1 NIDHEESH K,
AGED 31 YEARS,
S/O RAVEENDRAN , RESIDING AT MANDOTHAN HOUSE NEAR
THADATHILPARA KAVU, PALLIKUNNU, KANNUR, PIN -
670004.
2 MELAKANDI MANOHARAN,
AGED 60 YEARS,
S/O. KUMARAN, RESIDING AT AMBADI, CHEMBILODE,
MOWANCHERRY, KANNUR, PIN - 670613.
3 SUNITHA MANOHARAN,
AGED 52 YEARS,
W/O MANOHARAN, RESIDING AT AMBADI, CHEMBILODE,
MOWANCHERRY, KANNUR, PIN - 670613.
BY ADVS.
SHRI.M.K.SUMOD
SMT.VIDYA M.K.
SMT.THUSHARA.K
SMT.MEERA S GOPAN
RESPONDENTS:
1 RAJENDRAN KULANGARA,
S/O. RAGHAVAN, RESIDING AT KULANGARA PANENCHAL
P.O, IRIVERI, NOW RESIDING AT POURNAMI, ELATHALAM
VAYAL, THRICHAMBARAM, TALIPARAMBU, KANNUR, PIN -
670141.
AR No.218 of 2025 2 2026:KER:947
2 SOORAJ CHANDROTH,
S/O. GOVINDA NAVATH, RESIDING AT NAVATH HOUSE,
ODATHIL PEEDIKA, MAMBA, KANNUR DISTRICT, KERALA,
PIN - 670611.
3 PRADEEPAN RAYAROTH,
S/O KUMARAN, RESIDING AT PARVANAM, APPAKKADAV,
KOODALI, KANNUR, PIN - 670592.
4 PREMRAJ CHANDROTH,
S/O. KUNHIKANNAN, RESIDING AT NIKUNJAM,NEAR
BRAHMACMUKKU, EAST KADIROOR P.O KANNUR, PIN -
670642.
BY ADVS.
SHRI.K.N.ABHILASH
SHRI.SUNIL NAIR PALAKKAT
SHRI.RITHIK S.ANAND
SHRI.RISHI VARMA T.R.
SHRI.SREEJITH A.
SMT.TEENA M. ASHOK
THIS ARBITRATION REQUEST HAVING COME UP FOR ADMISSION
ON 08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
AR No.218 of 2025 3 2026:KER:947
JUDGMENT
Parties to this arbitration request are partners of a firm known as "Building World" with registered office at Chakkarakkal, Kannur District. Serious disputes have arisen between the parties regarding the business of the partnership firm. The copy of the partnership agreement dated 22.01.2019 is produced as Annexure A1.
2. A loan was availed for an amount of Rs.80,00,000/- while the 1st respondent was managing the affairs of the firm by providing properties of the 2 nd respondent as security. The 1st respondent through his wife issued a legal notice on 22.03.2025 pointing out the disputes between the 1 st petitioner and the respondents. A copy of the said notice is produce as Annexure A2. On 02.06.2025, a reply was issued by the petitioners to the 1st respondent. A copy of the reply notice is produced as Annexure A3.
3. As the efforts for settling the disputes amicably have failed, the petitioners issued Annexure A5 notice on 21.08.2025 to the respondents invoking the arbitration clause in Annexure A1. However, there was no response from the side of the respondents to Annexure A5 notice. Therefore, this AR No.218 of 2025 4 2026:KER:947 arbitration request was filed.
4. Notice was issued and respondents have entered appearance through counsel. Heard the learned counsel for the petitioners and the learned counsel for the respondents.
5. On hearing the submissions made by both sides and on perusal of the memorandum of arbitration request as well as the documents produced, it is evident that serious disputes have arisen between the partners of the partnership firm. Annexure A1 partnership agreement contains an arbitration clause. It is also noted that the petitioners have issued notice as contemplated under Section 21 of the Arbitration and Conciliation Act, 1996.
6. In view of the facts and circumstances noted above, I am of the view that this arbitration request can be allowed.
7. Therefore, the following directions are issued:-
1. The Kerala High Court Arbitration Centre is directed to nominate an Arbitrator from Panel-III, preferably from Kannur, as the sole Arbitrator to resolve the disputes that have arisen between the petitioners and the respondents under Annexure A1 Agreement.
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2. The learned Arbitrator may entertain all issues between the parties in connection with the said Agreements, including questions of jurisdiction and limitation, if any, raised by the parties. All contentions of the parties are left open and they are at liberty to raise their claims and counterclaims, if any, before the learned Arbitrator, in accordance with law.
3. The Registry shall communicate the substance of this order to the Kerala High Court Arbitration Centre within ten days and the Centre shall inform the learned Arbitrator within a further period of one week and shall obtain duly signed Form 3 as required under Rule 20(4) of the Kerala High Court (Arbitration Centre) Rules, 2025 and forward the same to this Court.
4. Upon receipt of the Form 3, the Registry shall issue a certified copy of this order with a copy of the Form 3 appended to the Kerala High Court Arbitration Centre. The original of the Disclosure Statement shall be retained by the Kerala High Court Arbitration Centre.
5. The fees of the learned Arbitrator of the Kerala High Court Arbitration Centre shall AR No.218 of 2025 6 2026:KER:947 be governed by Rule 28 of the Kerala High Court (Arbitration Centre) Rules, 2025. The manner in which the fees and costs payable by the parties shall be governed by Rule 27 of the Kerala High Court (Arbitration Centre) Rules, 2025.
6. If the learned Arbitrator needs the assistance of an expert, then he is at liberty to seek such assistance in the course of the arbitration proceedings.
Sd/-
S.MANU
JUDGE
ANA
AR No.218 of 2025 7 2026:KER:947
APPENDIX OF AR NO. 218 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE AGREEMENT OF
PARTNERSHIP DATED 22/01/2019 EXECUTED BETWEEN THE PARTIES HEREIN ANNEXURE A2 THE TRUE COPY OF THE LEGAL NOTICE DATED 22.03.2025 AND ISSUED BY THE WIFE OF THE 1ST RESPONDENT TO THE PETITIONERS ANNEXURE A3 THE COPY OF THE REPLY NOTICE DATED 02.06.2025 GIVEN BY THE PETITIONERS TO THE 1ST RESPONDENT WITH COPY MARKED TO THE REMAINING RESPONDENTS ANNEXURE A4 THE COPY OF ACKNOWLEDGMENT RECEIPTS OF THE NOTICE DATED 02.06.2025 ANNEXURE A5 THE COPY OF THE ARBITRATION NOTICE DATED 21.08.2025 ISSUED BY THE PETITIONERS TO THE 1ST TO 4TH RESPONDENTS ANNEXURE A6 THE CONSIGNMENT TRACKING REPORT OF INDIA POST OF THE NOTICE RECEIVED BY 1ST RESPONDENT ANNEXURE A6(A) THE CONSIGNMENT TRACKING REPORT OF INDIA POST OF THE NOTICE RECEIVED BY 2ND RESPONDENT ANNEXURE A6(B) THE CONSIGNMENT TRACKING REPORT OF INDIA POST OF THE NOTICE RECEIVED BY 3RD RESPONDENT ANNEXURE A6(C) THE CONSIGNMENT TRACKING REPORT OF INDIA POST OF THE NOTICE RECEIVED BY 4TH RESPONDENT