Allowed

M/S.Loyal Construction India (P)Ltd. v. M/S.Gglosoft Technologies (P)Ltd.

Kerala HC13 Jul 2012AR/19/2012

Case brief

AI extract

What is this about?

In this arbitration request, the High Court of Kerala appointed Justice V. Ramkumar as the arbitrator to resolve a dispute between the petitioner and respondents, following an agreement dispute and mutual inability to select an arbitrator under Section 11(6).

What did the court decide?

Justice V. Ramkumar, Former Judge, High Court of Kerala, was appointed as the Arbitrator.

M/S.Loyal Construction India (P)Ltd. Vs M/S.Gglosoft Technologies… — Arbitration | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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FRIDAY, THE 13TH DAY OF JULY 2012/22ND ASHADHA 1934

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AR.No. 19 of 2012 ------------------

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PETITIONER(S):

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M/S.LOYAL CONSTRUCTION INDIA (P)LTD.

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REPRESENTED BY ITS MANAGING DIRECTOR

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SRI.M.D.SEBASTIAN, S/O. DEVASSIA, MUTTAPALLIL HOUSE

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ARALAM P.O., KANNUR DISTRICT.

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BY ADVS.SRI.SHYAM PADMAN

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SRI.A.RANJITH NARAYANAN

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SRI.S.K.SAJU

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RESPONDENT(S):

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1. M/S.GLOSOFT TECHNOLOGIES (P)LTD. SITUATED AT G.TEC. INDUS AVENUE, KALLAI ROAD CALICUT-673 002.

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2. SRI.MEHROOF I MANALODY MANAGING DIRECTOR M/S. GLOSOFT TECHNOLOGIES (P)LTD. SITUATED AT G.TEC., INDUS AVENUE, KALLAI ROAD CALICUT-673 002.

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3. SRI.V.P.ABDUL KAREEM CHAIRMAN, M/S. GLOSOFT TECHNOLOGIES (P)LTD.

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RESIDING AT PLOT NO.4

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OPPOSITE TAMARIND NEST APARTMENTS

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NEAR SWIMMING POOL, CHEROOTTY NAGAR HOUSING COLONY KOZHIKODE-673 004.

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BY ADV. SRI.P.RAGHUNATH BY ADV. SRI.PREMJIT NAGENDRAN BY ADV. SRI.MILLU DANDAPANI

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THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 13-072012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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AR NO.19/12

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A: TRUE COPY OF THE AGREEMENT DATED 28/6/09 BETWEEN THE PETITIONER AND 1ST RESPONDENT.

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ANNEXURE B: TRUE COPY OF COUNTER STATEMENT DT 4.7.11 FILED BY RESPONDENT NOS.1 AND 2 BEFORE THE DISTRICT LEGAL SERVICES AUTHORITY.

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ANNEXURE C: TRUE COPY OF THE LAWYER NOTICE DT 10.1.12 ISSUED ON BEHALF OF THE PETITIONER.

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ANNEXURE D: TRUE COPY OF THE REPLY DT 11.2.12 ISSUED BY RESPONDENT NOS.1 AND 2.

//True Copy//

PA to Judge

ANTONY DOMINIC, J. ================ Arbitration Request No.19 OF 2012

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=========================

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Dated this the 13^th day of July, 2012

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O R D E R

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Annexure A1 is an agreement between the petitioner and the 1^st respondent. It appears that there are certain disputes between them and therefore in terms of Clause 21 of the agreement, petitioner sought the appointment of an Arbitrator as per Annexure C notice. On receipt of the notice, the 1^st respondent replied by Annexure D suggesting certain other names to be appointed as Arbitrator and also disputing the claims in Annexure C notice. Since the parties could not agree on the Arbitrator, this application has been filed under Section 11(6) of the Act.

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I heard the learned counsel for the parties.

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Respondents do not object to the appointment of an

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Arbitrator and the only question is regarding the person to be appointed and in fact the parties have left the choice to this court.

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Having regard to the above, I appoint Justice V.Ramkumar, Former Judge, High Court of Kerala, Gopeekesavam, Building NO.C-50/2453, Vembulli Lane, Vyttila, Ernakulam, Kochi 682019

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A.R. No.19/12

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:2 :

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as the Arbitrator to resolve the dispute between the petitioner and the respondents. The Arbitrator will issue notice to the parties concerned and conclude the proceedings expeditiously. It s clarified that it will also be open to the Arbitrator to decide on the venue of arbitration which also is agreeable to the parties and to decide on the terms.

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Registry will communicate this order to Justice V.Ramkumar, Former Judge, High Court of Kerala.

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ANTONY DOMINIC, JUDGE

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M/S.Loyal Construction India (P)Ltd. v. M/S.Gglosoft Technologies (P)Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Loyal Construction India (P)Ltd. v. M/S.Gglosoft Technologies (P)Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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