Application for appointment of arbitrator allowed. Court appointed retired Judge K.John Mathew as arbitrator to settle disputes based on uncontroverted averments and annexures.
Justice K.John Mathew appointed as Arbitrator to settle all disputes arising from the claims.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929
AR.No. 41 of 2007(Y)
PETITIONER
DR.ARAVINDAKSHAN, S/O.LATE BALAKRISHNA KURUP, AGED 41 YEARS, MANAGING PARTNER, M/S.VAISHNAVI & SREE MATHA CREATIONS, 'VRINDAVAN', NEAR PUBLIC LIBRARY, VADAKARA, KOZHIKODE DISTRICT.
BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY
RESPONDENTS:
M/S.AMRITA ENTERPRISES (P) LTD., (AMRITA TV), CORPORATE OFFICE, TC-15/1069, GANDHI NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C.KURIAKOSE, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Arbitration Request 41/2007-E
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 14th day of March, 2008
O R D E R
No counter affidavit has been filed. The averments in the arbitration request stand established by non-traverse. Clause 14 of Annexure B is a valid arbitration clause for settlement of disputes between the parties by arbitration. Annexure C and G claim notices have been issued. In Annexure G, the applicant has suggested the names of four retired Judges of this Court for appointment as Arbitrator. There has been no response to Annexure G.
Arbitration Request 41/2007-E
-: 2 :-
therefore, will stand allowed. Justice K.John Mathew, a retired Judge of this Court, known for his integrity is appointed as Arbitrator for settling all the disputes between the parties which have been set forth in claim notices Anexures C and G. It is open to the respondent to file counter claims, if any, before the Arbitrator. If counter claims are raised, the Arbitrator will settle the disputes relating to the counter claims also. The Arbitrator will conduct sittings at Thiruvananthapuram. The Arbitrator will enter all reference and pass award at his earliest. If both sides are agreeable, the Arbitrator can conduct sittings at Ernakulam also.
PIUS C.KURIAKOSE, Judge
ms
1 issue framed by the court
Whether the statutory procedure for appointment of arbitrators under the Arbitration scheme has been properly invoked.
DR.ARAVINDAKSHAN
M/S.AMRITA ENTERPRISES (P) LTD.
PIUS C.KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
