In AR No.46 of 2019, the High Court of Kerala provisionally appointed Sri. K. Balakrishnan as arbitrator. The registry was directed to ascertain the disclosure statement under Section 11(8) for confirmation.
Provisional appointment of Sri. K. Balakrishnan as Arbitrator; Registry to obtain disclosure statement under Section 11(8).
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 P.B.SURESH KUMAR
TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941
AR.No.46 OF 2019
PETITIONER:
M/S P.C.THOMAS AND COMPANY, PUTHUSSERY HOUSE, MAMANGALAM,PALARIVATTOM, KOCHI-682 025, REPRESENTED BY ITS PARTNER PAUL THOMAS
BY ADVS. SRI.K.L.VARGHESE (SR.) SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE
RESPONDENTS:
1 THE CHIEF ENGINEER SZ 111(ERSTWHILE), CENTRAL PUBLIC WORKS DEPARTMENT, KENDRIYA SADAN, KORAMANGALA, BANGALORE-560 034, PRESENTLY THE CHIEF ENGINEER SZ V, CPWD, CGO'S COMPLEX, POONKUNAM, VELLAYANI P.O., TRIVANDRUM-695 022.
R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 03.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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AR No.46 of 2019
AR No.46 of 2019
O R D E R
When this matter was taken up, it was pointed out that the respondents have appointed one K.Balakrishnan as the arbitrator to resolve the disputes between the parties to this proceedings and the applicant has no objection to the said appointment.
In the circumstances, Sri.K.Balakrishnan, 896-B, Maxworth Nagar, Sunambu Kolathur, Kovilampakkam, Chennai – 600 129 is appointed provisionally as the Arbitrator to resolve the disputes between the parties. The Registry is directed to obtain disclosure statement under Section 11(8) of the Arbitration and Conciliation Act, 1996 from the arbitrator and place the matter before the court for confirmation of the appointment of the arbitrator. The Registry shall retain the original of the disclosure statement and append a copy of the same to the order.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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AR No.46 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE LETTER OF ACCEPTANCE DT 27.02.2011 ISSUED BY THE 3RD RESPONDENT TO THE APPLICANT
ANNEXURE-A2 TRUE EXTRACT OF THE ARBITRATION CLAUSE NO.25 OF THE CLAUSE OF CONTRACT UNDER THE GENERAL CONDITIONS OF CONTRACT
ANNEXURE-A3 TRUE COPY OF HE LETTER DT.24.07.2018 (WITHOUT ENCLOSURE) ISSUED BY THE APPLICANT TO THE 2ND RESPONDENT
ANNEXURE-A4 TRUE COPY OF THE LETTER DT.03.10.2018 ISSUED BY THE APPLICANT OT THE 1ST RESPONDENT
ANNEXURE-A5 TRUE COPY OF THE LETTER DT.22.11.2018 ISSUED BY THE APPLICANT TO THE 1ST RESPONDENT
ANNEXURE-A5 TRUE COPY OF THE COMMUNICATION DT 29.10.2019 ISSUED BY THE APPLICANT TO SRI.K.BALAKRISHNAN WITH COPY TO THE
RESPONDENT.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether the appointment of an arbitrator proposed by respondents can be accepted despite no objection from applicant yet.
1 provisions across 1 enactments
M/S P.C.Thomas and Company
The Chief Engineer
The Superintendent Engineer
The Executive Engineer
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
