This arbitration request sought appointment of an arbitrator for disputes between parties. The court held the proposed appointee suitable despite the respondent's inability to contact the client for views, and appointed him to arbitrate the dispute.
Appointed Sri. N. Mohandas, former District Judge, as the Arbitrator to arbitrate the dispute.
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
FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933
AR.No. 22 of 2011()
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APPLICANT
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K.K.JOSEPH,S/O.KURIAN,AGED 57 YEARS, PARTNER,MATHA THEATRE,RESIDING AT KAYYALATHOTTIYIL HOUSE, VAKERI POST, IRULAM AMSOM DESOM, SULTHANBATHERY TALUK,WAYANAD DISTRICT.
BY ADV. SRI.M.P.ASHOK KUMAR
RESPONDENT(S):
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1. MATHA THEATRE, REP.BY ITS MANAGER PARTNER K.K.SCARIA,S/O.KURIAN,AGED 64 YEARS, KAYYALATHOTTIYIL HOUSE, VAKERI POST, IRULAM AMSOM DESOM,SULTHANBATHERY TALUK, WAYANAD DISTRICT 673 592.
2. K.K.SCARIA,S/O.KURIAN,AGED 64 YEARS, MANAGING PARTNER,KAYYALATHOTTIYIL HOUSE, VAKERI POST, IRULAM AMSOM DESOM,SULTHANBATHERY TALUK, WAYANAD DISTRICT 673 592.
3. K.K.JOHNY,S/O.KURIAN,PARTNER, MATHA THEATRE,RESIDING AT KAYYALATHOTTIYIL HOUSE, VAKERI POST, IRULAM AMSOM DESOM,SULTHANBATHERY TALUK, WAYANAD DISTRICT 673 592.
R2 BY ADVS. SRI.P.K.JOSE,
SMT.TESSY JOSE.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
AR. NO.22/2011
APPENDIX
PETITIONER'S ANNEXURES
A1:- COPY OF THE PARTNERSHIP DEED DT.D 27.5.92. A2:- COPY OF THE LAWYER NOTICE DTD. 25.11.2010.
RESPONDENT'S ANNEXURES
NIL:-
TRUE COPY
P.A. TO JUDGE
tss
S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - A.R. No.22 of 2011
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2011
O R D E R
This arbitration request is filed by the applicant seeking to appoint an Arbitrator for arbitrating the disputes which have arisen between the applicant and the respondents. The parties do not now dispute the fact that an arbitration clause is available and the matter has to be referred for arbitration. On 28.10.2011, both parties sought time to suggest a mutually agreed arbitrator for appointment. The counsel for the applicant suggests Sri. N. Mohandas, former District Judge, Geetha Gardens, Chunda Kolli P.O., Pambra, Wayanad as the Arbitrator. The counsel for the respondents submits that, she could not contact the client to ascertain his views in the matter. In so far as Sri. N. Mohandas was a former District Judge and was for sometime the Election Commission appointed by the State of Kerala, I am of opinion that, he is a suitable
A.R. No.22 of 2011
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arbitrator to be appointed in this case. Accordingly, I appoint Sri. N. Mohandas, former District Judge, Geetha Gardens, Chunda Kolli P.O., Pambra, Wayanad as the Arbitrator to arbitrate the dispute between the applicant and the respondents.
The Arbitration Request is disposed of as above.
S. SIRI JAGAN JUDGE //True copy//
P.A. TO JUDGE
shg/
1 issue framed by the court
Whether the proposed arbitrator is suitable and the objection regarding his contactability can be overcome.
K.K. JOSEPH
MATHA THEATRE
K.K. SCARIA
K.K. JOHNY
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
