The court allowed an arbitration request filed by a society against a hospital management regarding a disputed construction contract and appointed the society’s chairman as the arbitrator.
Arbitration request allowed; Chairman of KHRWS appointed as arbitrator.
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 K.T.SANKARAN
THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932
AR.No. 23 of 2010()
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APPLICANT
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WOMEN EMPOWERNMENT AND HUMAN RESOURCE DEVELOPMENT CENTRE OF INDIA, REPRESNTED BY ITS DIRECTOR.
BY ADV. SRI.RAM MOHAN.G.
OPPOSITE PARTIES/
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1. THE KERALA HEALTH RESEARCH AND WELFARE SOCIETY, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD THIRUVANANTHAPURAM.
2. THE MANAGING DIRECTOR, KHRWS, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM.
R1 & R2 ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
K.T.SANKARAN, J .
A.R.No.23 OF 2010
Dated this the 27th day of January, 2011
JUDGMENT
The applicant, the Women Empowerment and Human Resource
Development Centre of India, a Society registered under the
Travancore-Cochin Literary, Scientific and Charitable
Societies Registration Act, 1955 entered into a contract
with the opposite parties for construction of a new payward
block of KHRWS at Taluk Hospital, Nilambur, Malappuram
District. The work is not completed. There is dispute as to
the reason for not completing the work. Disputes and
differences arose between the parties.
2. The Arbitration clause is contained in Annexure-3
Kerala Health Research and Welfare Society Specifications,
which reads as follows:
“13. Any dispute or difference that may arise
between the Managing Director and the Contractor
on account of the contract, shall at the instance
of either party be referred to the Chairman,
Kerala Health research and Welfare Society, whose
A.R.No.23 OF 2010 2
decision given in writing shall be final
conclusive and binding. The Managing
Director may at his discretion delegate
in writing, to any of his subordinates
any of his powers regarding these
specifications.”
3. The applicant sent Annexure A7 notice dated
13th May, 2008 to the second respondent calling upon
the second respondent to appoint an Arbitrator to
settle the disputes and differences between the
parties, invoking the provisions of Arbitration and
Conciliation Act, 1996. In Annexure A8 reply, the
second respondent directed the applicant to resume
the work. The matter was not referred to
arbitration. Hence, the applicant has preferred
this Arbitration Request under Section 11 of the
Arbitration and Conciliation Act. The learned
counsel for the respondents submitted that they
have no objection to appoint the Chairman of KHRWS
as the Arbitrator. The applicant is also agreeable
for the same.
A.R.No.23 OF 2010 3
Accordingly, the Arbitration Request is
allowed. The Chairman, KHRWS is appointed as the
Arbitrator to resolve the disputes between the
parties.
K.T.SANKARAN,
JUDGE.
cms
1 issue framed by the court
Whether the Arbitration Request should be allowed to appoint an arbitrator for the contract dispute.
1 provisions across 1 enactments
Women Empowerment and Human Resource Development Centre of India
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court