This court disposed of a petition under Section 11(4) and (6) of the Arbitration Act, 1996. Upon hearing counsel, the court appointed Sri. K. Viswanathan Nair, Retired District Judge, as arbitrator upon the mutual consent of both parties.
Appointment of Sri. K. Viswanathan Nair, Retired District Judge, as arbitrator.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938
AR.No. 41 of 2016
APPLICANT (S) :
M/S.TATA COMMUNICATIONS PAYMENT SOLUTIONS LTD. (TCPSL) EARLIER KNOWN AS TATA COMMUNICATIONS BANKING INFRASOLUTIONS LIMITED, REGISTERED OFFICE, G-BLOCK, PLOT NO.C-21/C-36, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 098, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.AMIT KUMAR JAIN
BY ADVS. SRI.SATISH MURTI SMT.M.UMA DEVI
OPPOSITE PARTIES/RESPONDENT (S) :
1. MR.SYAM KUMAR M.S, SON OF MR.P.MANOHARAN NAIR, RESIDENT OF T.C.5/1428/1, NIKHIL SYAM BUILDING, SREEKARYAM, TRIVANDRUM 695 017.
2. MR.SHYAMKRISHNAN MS., OPPOSITE KHADI BOARD, EAST GATE OF COURT COMPLEX, VANCHIYOOR, TRIVANDRUM - 695 035.
R1 BY ADV. SRI.SAJU.S.A R2 BY ADVS. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
AR.No. 41 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A: TRUE COPY OF SPECIAL POWER OF ATTORNEY DATED 16.03.2016. ANNEXURE B: TRUE COPY OF THE LEASE AGREEMENT DATED 21.02.2011. ANNEXURE C: TRUE COPY OF THE LEGAL NOTICE SENT BY THE 1ST RESPONDENT THROUGH HIS LAWYER DATED 08.12.2015.
ANNEXURE D: TRUE COPY OF LEGAL NOTICE DATED 06.02.2016 APPOINTING THE 2ND RESPONDENT AS SOLE ARBITRATOR.
ANNEXURE E: TRUE COPY OF LETTER DATED 23.03.2016 BY THE APPLICANT SEEKING CERTIFIED COPY OF ORDER OF THE 2ND RESPONDENT.
ANNEXURE F: TRUE COPY OF NOTICE DATED 12.03.2016 SEEKING INVOCATION OF ARBITRATION CLAUSE BY THE APPLICANT ANNEXURE G: TRUE COPY OF STATEMENT OF OUTSTANDING AMOUNTS DUE FROM THE 1ST RESPONDENT TO THE APPLICANT. ANNEXURE H: TRUE COPY OF LETTER DATED 02.04.2016 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
K. RAMAKRISHNAN, J.
A.R.No.41 of 2016
....................................................... Dated this the 9th day of September, 2016.
O R D E R
This is a petition filed by the petitioner seeking appointment of an arbitrator under section 11(4) read with section 11(6) of the Arbitration and Conciliation Act, 1996 and under the Scheme for Appointment of Arbitrators by the Chief Justice of Kerala, 1996.
A.R.No.41 of 2016 2
intimating the acceptance of the arbitration and also intimating the date of posting of the case to 20.2.2016. The petitioner company sent Annexure-E notice to the arbitrator seeking to provide certified copy of the proceedings of the arbitration proceedings dated 23.3.2016. They also sent Annexure-F notice intimating the counsel appearing for the first respondent that they have no confidence in the present arbitrator Adv.M.S. Syamkrishnan as he is likely to be influenced by the first respondent and they wanted to change the arbitrator and appoint Sri. M.R.Hariharan Nair, the former Judge of this court for this purpose. The arbitrator has sent a notice stating that the certified copy of the proceedings can be given only to an advocate who is holding vakalath for the party and since the person, who sought for the certified copy is not a lawyer appearing for the party, the request cannot be granted. Since the petitioner is not satisfied with the appointment of the second respondent as the arbitrator and the first respondent is not intended to change the arbitrator, the petitioner has no other remedy except to approach this court making the following relief:
“Appoint an Arbitrator in order to constitute the Arbitral Tribunal
to settle all the disputes and differences, between the applicants and respondents.”
3. Heard Smt. Uma Devi M, learned counsel appearing for
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the petitioner and Sri.Saju S.A, learned counsel appearing for the first respondent and Sri. Govind Padmanabhan, learned counsel appearing for the second respondent.
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arbitrator.
Registry is directed to communicate a copy of this order to the concerned arbitrator immediately and he can proceed with the arbitration in accordance with law after intimating his assumption as office of the arbitrator in accordance with law.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
1 issue framed by the court
Whether an application under Section 11(4) and 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator should be allowed when parties agree on a new arbitrator.
1 provisions across 1 enactments
M/s. Tata Communications Payment Solutions Ltd.
Mr. Syam Kumar M.S.
Mr. Shyamkrishnan M.S.
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
