Abdul Salam.M.A. vs K.K.Saheer on 30 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 22 of 2009()


1. ABDUL SALAM.M.A., S/O.ABDUL KAREEM.M.A.,
                      ...  Petitioner
2. AFNIL SALAM.M.A,
3. SHAHIDA.P.A.,

                        Vs



1. K.K.SAHEER, KOYALIPPARAMBIL HOUSE,
                       ...       Respondent

2. C.A.MAIMOONA, W/O.M.K.MUHAMMED ASLAM,

                For Petitioner  :SRI.VIVEK VARGHESE P.J.

                For Respondent  :SRI.P.N.RAMAKRISHNAN NAIR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :30/10/2009

 O R D E R
               THOTTATHIL B. RADHAKRISHNAN, J
                  ...........................................
                       AR NO. 22 OF 2009
                  ............................................
       DATED THIS THE 9TH DAY OF SEPTEMBER, 2009

                                   ORDER

Annexure C contains an arbitration agreement between the

parties. It provides for resolution of disputes and differences by

two arbitrators selected by agreement of parties and for further

reference on divided opinion. The parties have not agreed as to

the identity of the arbitrators that may be nominated, in spite of

notice and even, the institution of this request. Therefore, the

measure that could be taken in terms of Section 11 could also be

the appointment of a sole arbitrator. The respondents do not

appear. The disputes relate to the settlement of accounts of a

partnership firm, which was involved in marketing. Taking into

consideration the nature of the disputes, a former District Judge,

could be appointed as the Arbitrator.

Accordingly, this request is answered appointing Sri.

P.S.Divakaran, former District Judge, as the Arbitrator.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/10/9