Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE18H DAY OF MARCH201427TH PHALGUNA, 1935 AR.No. 59 of 2013 () --------------------- APPLICANT: ------------------ JAYASANKAR P .S, AGED38YEARS S/O.SANKARAN RESIDING ATPADAPPARAMBATH HOUSE KALLISSERI KALLUR THEKKUM MURI, MUKUNDAPURAM TALUK THRISSUR DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SANKARAN S/O.RAMAN AGED80 RESIDING ATPADAPPARAMBATH HOUSE KALLISSERI, KALLUR, THEKKUM MURI MUKUNDAPURAM TALUK THRISSUR DISTRICT. BY ADV. SRI.R.S.KALKURA OPPOSITE PARTY: ------------------------- T.K.ABDUL RAHIMAN, THALLIYATH HOUSE, KULAYIDAM, CHERUVALLUR.P.O PROPRIETOR, M/S.THALIYATH DEVELOPERS, UCO COMPLEX ALWAYE ROAD, ANGAMALY-683572. R. BY ADV. SRI.AYPE JOSEPH THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON1803-2014, THE COURT ON THE SAME DAY PASSEDTHE FOLLOWING: AR.No. 59 of 2013 () --------------------- APPENDIX PETITIONERS ANNEXURES ANNEXURE A1 COPY OF THE POWER OF ATTORNEY DATED2010-2010 EXECUTED BY JAYASANKAR IN FAVOUR OF SANKARAN ANNEXURE A2 COPY OF THE AGREEMENTDATED179-2008 ANNEXURE A3 COPY OF THE AGREEMENTDATED77-2010 EXECUTED BY THE OPPOSITE PARTY IN FAVOUR OF the APPLICANT ANNEXURE A4 COPY OF the DEFECT LIST OF THE BUILIDNG AS DETECTED BY THE PETITIONER ANNEXURE A5 COPY OF THE ORDER
S DATED1912-2012 IN I.A. NO.849/2012 IN C.C. 353/2011 ON THE FILE OF the CONSUMER DISPUTES REDRESSAL FORUM, THRISSUR. ANNEXURE A6 COPY OF the ORDER
DATED1912-2012 IN CC3532011 ANNEXURE A7 COPY OF THE NOTICE DATED203-2013 ISSUED BY M/S CHANDRASEKHARAN AND CHANDRASEKHARA MENON, ADVOCATESTO THE OPPOSITE PARTY ANNEXURE A8 COPY OF THE REPLY NOTICE DATED34-2013 ISSUED BY THE COUNSEL FOR THE OPPOSITE PARTY TO THE APPLICANT'S COUNSEL ANNEXURE A9 COPY OF THE NOTICE DATED305-2013 ISSUED BY THE COUNSEL FOR THE APPLICANT TO THE COUNSEL OF THE OPPOSITE PARTY ANNEXURE A10 COPY OF THE REPLLYDATED13-6-2013 ISSUED BY THE COUNSEL FOR THE OPPOSITE PARTY TO THE COUNSEL OF THE APPLICANT. ANNEXURE A11 COPY OF THE NOTICE DATED58-2013 ISSUED BY THE COUNSEL FOR THE APPLICANT TO THE OPPOSITE PARTY AS WELLAS THE ARBITRATORS APPOINTED BY THE PARTIES. AR.No. 59 of 2013 () --3-- --------------------- ANNEXURE A12 COPY OF THE REPLY DATED2510-2013 ISSUED BY RAVEENDRAN P.V. ARBITRATOR APPOINTED BY THE PETITIONER INTIMATING THE FACTOF NON CO-OPERATION ON THE PARTOF THE ARBITRATOR APPOINTED BY THE OPPOSITE PARTY. ANNEXURE A12(A) COPY OF THE REGISTERED COVER CONTAINING ANNEXURE A12 RESPONDENTS EXHIBITS NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.
= = = = = = = = = = = Arbitration Request No.59 of 2013 = = = = = = = = = = = == = = = = Dated this the 18th day of March, 2014 ORDER
The dispute concerns the construction of a residential building at Thrissur. Annexure A2 agreement entered into by the parties contains the following clause; "9. If any dispute arises in respect of the construction the same will be settled by an Arbitrator acceptable to both the parties." The arbitrators named by the petitioner and the respondent were not agreeable to each other.
2. I have no option but to appoint an arbitrator in terms of Section 11 of the Arbtiration and Conciliation Act, 1996. I appoint Mr.A Hairdasan (District Judge, Retired) as the sole arbitrator to resolve the dispute and differences between the parties. The arbitrator is free to fix his fee and also the venue of hearing. The Arbitration Request is allowed. V.CHITAMBARESH JUDGE smm 2