IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 AR.No. 11 of 2009() ------------------- PETITIONER: -------------------- K.V.RAJAN, KUZHIVELI HOUSE, AVENUE ROAD, THRISSUR -5 MANAGING DIRECTOR, CARIBBEAN GRANITE AND MARBLE LIMITED, NO.188, SOUTHERN MAIN ROAD, MARABELLA, TRINIDAD. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- K.K.JOHN MANAGING DIRECTOR, KILIYANAL CONSTRUCTIONS PVT. LTD. KILIYANAL, MEKKADAMPU PO, MOOVATTUPUZHA ADV. SRI.K.JAJU BABU FOR R1 SMT.M.U.VIJAYALAKSHMI FOR R1 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- A.R.No.11 OF 2009 --------------------------------- Dated this the 17th day of August, 2011 ORDER An agreement dated 29th September, 2006 was executed between Caribbean Granite and Marble Limited and Kiliyanal Constructions (Pvt) Limited. The petitioner is the Managing Director of Caribbean Granite and Marble Limited. The Respondent is the Managing Director of Kiliyanal Constructions Private Limited. Disputes arose between the applicant and the respondent in respect of the business transactions carried out, as per the terms of Annexure-A agreement. Clause 11.9 of Annexure-A agreement contains the arbitration clause, which reads as follows: “11.9. All disputes or differences which shall at any time arise between the parties whether during the Term or afterwards touching or concerning this agreement or its construction or effect or the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of this agreement shall be A.R.No.11 OF 2009 2 referred to a single arbitrator to be agreed upon by the parties or in default of such agreement to be determined by a competent court of law within the jurisdiction of Trinidad and Tobago.” 2. The applicant sent Annexure-D notice dated 3rd November,2008 to the respondent invoking arbitration clause in Annexure-A agreement, and appointed an Advocate as the arbitrator. No reply was sent by the respondent in respect of Annexure-D notice. 3. The reliefs prayed for in the Arbitration Request are the following: i) Pass an order appointing an arbitrator to pass an award in to the disputes raised between petitioner and respondent. ii) Pass an interim order staying all the further legal proceedings in pursuance with Annexure-B notice restraining the respondent from taking any alternate legal proceedings against the petitioner covered by Annexure-A agreement. iii) Allow such other relief as may be deemed fit, just and proper by this Hon'ble Court in the facts and circumstances of the case. iv) To award costs of this Arbitration Request.” 4. Relief No.(ii) is in respect of Annexure-B, which is a A.R.No.11 OF 2009 3 notice issued by the respondent to the petitioner demanding a sum of `84,50,000/-(Rupees Eighty four lakhs fifty thousand only) on the basis of a cheque allegedly issued by the petitioner. Relief No.(ii) cannot be granted in this Arbitration Request. 5. As regards relief No.(i), it is submitted by the learned counsel appearing for the respondent that the respondent has no objection in appointing an arbitrator. The parties agreed that Sri.N.Sukumaran, Retired District Judge can be appointed as the Arbitrator. 6. Taking into account the facts and circumstances of the case, and the stand taken by the respondent, I hereby appoint Sri.N.Sukumaran, Retired District Judge, as the sole arbitrator to resolve the disputes between the parties touching upon and in respect of Annexure-A agreement dated 29th September, 2006. The arbitrator would be free to fix the arbitration fee. The Arbitration Request is disposed of as above. K.T.SANKARAN, JUDGE. cms