IN THE HIGH COURT OF KERALA AT ERNAKULAM AR.No. 21 of 2008() 1. SRI.P.C.GEORGE, S/O.LATE CHAKKAPPAN, ... Petitioner Vs 1. MR.BABU.P.GEORGE, S/O.P.C.GEORGE, ... Respondent 2. JOHNSON.P.GOERGE, PADIYATTI HOUSE, For Petitioner :SRI.K.B.MOHANDAS For Respondent :SRI.G.UNNIKRISHNON The Hon'ble MR. Justice PIUS C.KURIAKOSE Dated :23/07/2008 O R D E R PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - A.R.No.21 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 23rd July, 2008 ORDER
This is an application under Section 11(5) of the Arbitration and
Conciliation Act, 1996 for appointment of an independent and
impartial Arbitrator for settling the various disputes and differences
which have arisen between the parties out of Annexure A agreement.
A detailed counter affidavit has been filed by the respondents and I
have heard the submissions of Mr.K.B.Mohandas, counsel for the
petitioner and Mr.G.Unnikrishnan, counsel for the respondents.
2. It is not disputed that Annexure B is an arbitration clause and
that the same has been duly invoked by Annexure C. Though
contentions have been raised by the respondents, ultimately it is
stated that in case the court becomes inclined to appoint Arbitrator
from the list submitted by the petitioner, one among the two Retired
District Judges named in the counter affidavit can be appointed. Both
sides submitted in unison that a Retired District Judge stationed at
Thrissur be appointed as Arbitrator. I am of the view that
Mr.N.K.Vijayan, Advocate and Retired District and Sessions Judge,
Civil Lines Road, Thrissur can be appointed as Arbitrator for settling
the disputes which have arisen between the parties out of Annexure A
A.R.No.21/08 – 2 –
agreement. Accordingly, allowing the A.R. I appoint Mr.N.K.Vijayan,
Advocate and Retired District & Sessions Judge, Civil Lines Road,
Thrissur as Arbitrator for settling the disputes between the parties.
The Arbitrator will invite pleadings and if counter claims are raised by
the respondents, the Arbitrator will settle the counter claims also. The
Arbitrator will enter on reference and pass award at the earliest.
srd PIUS C.KURIAKOSE, JUDGE