Prasanth B. vs Mr. Francis Pereira on 9 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 15 of 2009()


1. PRASANTH B. S/O. S.BRAHMANAYAKAM,
                      ...  Petitioner

                        Vs



1. MR. FRANCIS PEREIRA, S/O. PEREIRA,
                       ...       Respondent

2. MRS. SHERINE MARY RODRIGUES,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :SRI.NAGARAJ NARAYANAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :09/10/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                        A.R.No.15 OF 2009
                  -------------------------------------------
             Dated this the 9th day of October, 2009


                              JUDGMENT

Petitioner and respondents have an agreement between

them for resolution of any dispute arising in relation to the

execution, discharge and satisfaction of a work on the basis of

that agreement. The said agreement, Annexure A2, provides

that all disputes between the parties with regard to any matter

in relation to the construction of building, failing mutual

negotiation, shall be referred to arbitration and shall be

governed by the Arbitration Act.

The respondent did not object to the allegation that there

are disputes and that the parties have not been able to settle

them by mutual negotiation. The parties have also not

concurred on the identity of the arbitrator. I think there are

sufficient ground to take a measure in terms of Section 11 of the

Arbitration and Conciliation Act, 1996. This arbitration request

AR.15/09

Page numbers

is, therefore, ordered appointing Sri.K.Viswanathan Nair at

serial No.33 in the panel of arbitrators prepared by the High

Court as the sole arbitrator.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.13/10.