Sri.P.C.George vs Mr.Babu.P.George on 23 July, 2008

       

  

  

 
 
  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.
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                             A.R.No.21 of 2008
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                           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