Application filed under Section 11(5) of Arbitration and Conciliation Act for appointment of an arbitrator due to disagreement between parties. Court appointed a retired District Judge as the arbitrator.
Court appointed Sri.P.Sankaranunni, District Judge(retired), as the Arbitrator to resolve disputes.
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 ANTONY DOMINIC
TUESDAY, THE 9TH DAY OF APRIL 2013/19TH CHAITHRA 1935
AR.No. 3 of 2013 ()
APPLICANT:
SUKAM CONSTRUCTIONS PVT. LTD., 1ST FLOOR, PADIYATH CHAMBERS, MARKET ROAD, ERNAKULAM, PRESENTLY AT DOOR NO.CC 39/4039 C, SECOND FLOOR, DWARAKA, RAVIPURAM ROAD, KOCHI-16, REPRESENTED BY ITS MANAGING DIRECTOR, P. KHALEEL, AGED 53 YEARS, S/O.C.SAID MUHAMMED, E6, LAKE TERRACE APARTMENTS, CHETTICHIRA, SUBASH CHANDRA BOSE ROAD, VYTTILA.
BY ADVS.SRI.LAL K.JOSEPH,
SRI.A.A.ZIYAD RAHMAN, SRI.K.A.JABBAR, SRI.V.S.SHIRAZ BAVA.
RESPONDENT(S):
1. M/S.SHAWAS HOMES PVT. LTD., MYSTIC HEIGHTS PHASE 1, KANIYAMPUZHA ROAD, EROOR P.O., VYTTILA, COCHIN-682 306, REPRESENTED BY ITS DIRECTOR SREENI PARAMESWARAN.
2. SREENI PARAMESWARAN,
DIRECTOR, M/S.SHAWAS HOMES PVT. LTD., AGED ABOUT 35 YEARS, S/O.PARAMESWARAN, VILLA NO.1, MYSTIC BELLS, KANIYAMPUZHA ROAD, EROOR P.O., TRIPUNITHURA-682 310.
R1 BY ADVS. SRI.A.BALAGOPALAN, SRI.A.RAJAGOPALAN, SRI.M.N.MANMADAN, SRI.M.S.IMTHIYAZ AHAMMED.
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 09-04-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
AR.No. 3 of 2013
APPENDIX
PETITIONER'S ANNEXURES:-
| ANNEXURE A1 | COPY OF THE MEMORANDUM OF AGREEMENT |
|---|---|
| DATED 24/04/2010. | |
| ANNEXURE A2 | COPY OF THE LAWYER NOTICE DATED 16/01/2012. |
| ANNEXURE A3 | COPY OF THE REPLY DATED 23/01/2012. |
PETITIONER'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
ANTONY DOMINIC,J
A.R No.3 of 2013
Dated this the 9th day of April, 2013
ORDER
Heard the learned counsel for the applicant and the respondents.
A.R. No.3 of 2013
: 2 :
The registry will communicate a copy of this order to the Arbitrator.
Sd/- ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether to appoint an arbitrator in view of disagreement between parties on the choice of arbitrator.
1 provisions across 1 enactments
SUKAM CONSTRUCTIONS PVT. LTD.
M/S.SHAWAS HOMES PVT. LTD.
SREENI PARAMESWARAN
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
