High Court Kerala High Court

V.S.Chandrasekharan vs Puravankara Projects Limited on 14 July, 2009

Kerala High Court
V.S.Chandrasekharan vs Puravankara Projects Limited on 14 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR.No. 51 of 2008()


1. V.S.CHANDRASEKHARAN, AGED 40,
                      ...  Petitioner
2. LEKSHMI CHANDRASEKHARAN, AGED 35,

                        Vs



1. PURAVANKARA PROJECTS LIMITED, HAVING ITS
                       ...       Respondent

                For Petitioner  :SRI.P.N.RAMAKRISHNAN NAIR

                For Respondent  :SRI.P.R.VENKETESH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :14/07/2009

 O R D E R
        THOTTATHIL B. RADHAKRISHNAN, J.

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              A.R.No.51 of 2008

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     Dated this the 14th day of July, 2009.

                   O R D E R

The petitioners in this arbitration request had

entered into a contract for allotment of

apartment in a multi-storied apartment complex,

to be constructed by the opposite party. Disputes

have arisen between them. There is an arbitration

agreement between the parties. It forms part of

the contract document. The place of arbitration

is fixed as Ernakulam. The arbitration has to be

a sole arbitrator. The parties have not agreed on

the identity of the arbitrator. The opposite

party does not contest the existence of the

arbitration agreement or that the disputes have

arisen. Therefore, the parties have to go for

arbitration. In taking the measure on failure of

the parties to go for arbitration, the opposite

party has, through learned counsel, submitted

AR.51/08 -: 2 :-

that the nomination of a retired District Judge,

as made by the petitioners, is not acceptable to

them.

Having regard to the type of the contract, the

amounts involved and the nature of disputes, I

deem it appropriate to take the measure appointing

Adv.Sri.P.R.Shaji possessing LL.M. in Arbitration,

Mediation and Negotiation from Hamline University,

USA, included in the panel of arbitrators

maintained by this Court under orders of the

Hon’ble the Chief Justice, as sole arbitrator. It

is hereby so done and the arbitration request is

ordered accordingly.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

Sha/150709