IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 AR.No. 31 of 2011 ----------------------- APPLICANT: ----------------- S. HARIKUMAR, KULAMULAYIL HOUSE, ORIPURAM, CHENNITHALA. BY ADVS. SRI. P.R. VENKATESH SRI. P.R.RAJA OPPOSITE PARTY: -------------------------- C. SALIM, S/O. K. CHELLAPPAN, PROPRIETOR, SREEGURU AYURVEDIC PRODUCTION CENTRE, PONNARAMATHOTTAM, MAVELIKARA PRESENTLY RESIDING AT CHANAMCHERIL HOUSE, NADAKKAVU, MAVEIKARA.P.O. ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk AR.No. 31 of 2011 APPENDIX APPLICANT'S ANNEXURES : ANNEXURE 1. COPY OF THE AGREEMENT DATED 10.12.2009 BETWEEN THE APPLICANT AND OPPOSITE PARTY. ANNEXURE 2. COPY OF ADVOCATE NOTICE DATED 27.09.2010 ISSUED TO THE APPLICANT. ANNEXURE 3. COPY OF THE LETTER DATED 28.10.2010 SUBMITTED BY THE OPPOSITE PARTY. ANNEXURE 4. COPY OF THE LETTER DATED 16.11.2010 FROM THE APPLICANT TO S. SALIM. ANNEXURE 5. COPY OF THE LETTER DATED 30.11.2010 FROM S. SALIM TO THE APPLICANT. ANNEXURE 6. COPY OF BOX AS WELL AS THE LABEL IN THE BOTTLE. OPPOSITE PARTY'S ANNEXURE: NIL //TRUE COPY// P.A. TO JUDGE dlk S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - A.R. No. 31 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011 O R D E R The petitioner has filed this arbitration request for appointing an Arbitrator under Section 11 (5) of the Arbitration and Conciliation Act, 1996 to settle the dispute which have arisen between the applicant and the respondent in the course of business dealings. The contract is covered by Annexure-1 agreement. Clause 12 of that agreement is the arbitration clause which reads thus: “That any dispute which may arise between the parties or their representatives with regard to the construction, meaning and effect of this agreement will be referred to two arbitrators one to be nominated by each of the parties selected by them, if it is not solved through the arbitrator it will be referred to the court of law within the jurisdiction of Mavelikkara Municipality.” The counsel for the respondent today submits that they had already appointed Adv. Sri. S. Amruthakumar, Thattakkattu House, Ponnezha, Kurathikadu P.O. as arbitrator on their side. The petitioner submits that the petitioner suggests Adv. Sri. R. Soman Pillai, Mavelikkara as their arbitrator. In view of the said agreement, said A.R. No. 31 of 2011 -2- Sri. R. Soman Pillai would stand appointed as arbitrator on the side of the applicant as per Clause 12 of Annexure-I. The two arbitrators shall arbitrate the dispute between the parties. The arbitrator shall commence arbitration proceedings within a month. The Arbitration Request is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/