known to the applicant. The applicant has come to know from reliable sources and newspapers that the respondent has abandoned KSTP Project and the Government of Kerala has already started necessary arrangements for re-tendering the work. The applicant complains that till date the respondent has not informed these matters to the applicant and the enquiries made by the applicant reveals that the respondent is winding up its operations in India and all its Offices, except the one situated at Thiruvalla, have been closed down. According to the applicant, the respondent is liable to pay an amount of Rs.6,61,42,440/- to the applicant and despite several requests and reminders, the respondent failed to pay the amount. Annexure-A1 at Clause 12.1 contains a clear agreement for arbitration and several registered letters (Annexures A2, A3 and A4) sent to the respondent requesting for settlement of the claims have turned futile. Ultimately, invoking the arbitration clause, the applicant sent Annexure-A9 letter on 19.3.2007 appointing Dr.Justice K.Narayana Kurup, former Judge of this Court as sole arbitrator. Through Annexure-A9, the respondent was called upon to suggest any other person of their choice as arbitrator within 15 days so as to facilitate appointment of a third arbitrator for resolving the disputes in terms of the arbitration
