No substantive content. The text is an appendix listing annexures for an arbitration request and a brief one-paragraph order dismissing the request based on a mediation settlement.
Arbitration Request dismissed as not pressed without costs. Applicant permitted to pay Rs.10,000 to Mediation Centre.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933
AR.No. 7 of 2009( )
--------------------------
PETITIONER(S): -----------------------
INSTITUTE OF SMALL ENTERPRISES & DEVELOPMENT(ISED), REP. BY ITS DIRECTOR, ISED, ISED HOUSE, ISED ROAD, VENNALA, COCHIN-682 028.
BY ADV. SRI.ALEXANDER THOMAS
RESPONDENT(S): ------------------------
NATIONAL COUNCIL OF APPLIED ECONOMIC RESEARCH (NCAER), REP. BY ITS SECRETARY, NCAER 11- INDRAPRASTHA ESTATE, PARISILA BHAVAN, NEW DELHI-110 002.
R1 BY ADV. SRI.N.NAGARESH
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON PASSED THE FOLLOWING:
DG
AR.No. 7 of 2009( )
APPENDIX
PETITIONER'S ANNEXURES:
ANX.A-9 - COPY OF THE RESOLUTION DATED 05.08.2008 OS ISED (REPLY AFFIDAVIT OF THE APPLICANT)
RESPONDENT'S ANNEXURES - NIL
/TRUE COPY/
P.A.TO JUDGE
DG
S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - A.R. No.7 of 2009
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2011
O R D E R
In this Arbitration Request, the parties expressed a desire to try settlement through mediation. Accordingly the matter was referred to the Kerala Mediation Centre. The Mediator designated by the Kerala Mediation Centre has filed a report producing a Memorandum of Settlement between the parties dated 27.11.2011, which reads as follows:
“1. The applicant, Institute of Small Enterprise and Development (hereinafter called ISED), and the respondent, National Council of Applied Economic Research (hereinafter called NCAER) had entered into a Memorandum of Understanding on 29.04.2008. As per which the NCAER sought the service of the ISED to canvass the questionnaire of FDI Enabled production units amongst FDI firms located in the States of Karnataka, Tamilnadu, Andhra Pradesh and Kerala. In the MOU the NCAER had undertaken to provide 900 copies of FDI-Enabled Production Units Questionnaire and the filled-in questionnaires will be subject to scrutiny by the NCAER. ISED is entitled to Rs.550/- for each completed questionnaire. An amount of Rs.1,75,000/- being 40% of the estimated total budget was given as advance and the ISED started the work. As per the MOU the work was to be completed by 15.6.2008.
A.R. No.7 of 2009
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work could not be proceeded further. The dispute between the parties led to the filing of the above Arbitration Request.
The parties request that the Arbitration Request be disposed of in terms of the said settlement.
In the above circumstances, this arbitration request is disposed of in terms of the settlement.
The learned counsel for the applicant submits that the applicant would like to pay some amount to the Kerala Mediation Centre in recognition of the commendable service rendered by the Kerala Mediation Centre. Accordingly, the applicant is permitted to pay an amount of Rs.10,000/- as agreed to, to the Mediation Centre.
//True copy// P.A. TO JUDGE
shg/
As recorded by the court registry
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