IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 AR.No. 23 of 2008() ------------------- PETITIONER --------------------------- KERALA STATE MARITIME DEVELOPMENT CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHRI.K.K.RAJENDRAN,39/4695, KARIMPATTA ROAD, NEAR PALLIMUKKU, P.B.NO.2455, COCHIN - 682 016. BY ADV. SRI.K.MOHANAKANNAN RESPONDENTS: ------------- M/S.SAMAC ENGINEERS & CONTRACTORS 34/1243 E, BEENA ANJUMANA ROAD, EDAPPALLY, COCHIN - 682 024. BY ADV. SRI.V.THULASEEDHARAN PILLAI FOR R1 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - A.R.No. 23 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of July, 2008 ORDER Even though respondent was served with notice, he has not entered appearance before this court for resisting the prayers in this arbitration request. Clause 24 of Annexure A1 is a valid arbitration clause and that clause has been duly invoked by the applicants by issuing Ext.A4 notice. Ext.A2 lawyer notice will show that the respondent has raised claims against the applicant and Ext.A3 reply will show that the applicant has raised several counter claims against the respondent. It is clear that disputes and differences of opinion has arisen between the parties and that parties have not been able to resolve the same amicably. Under these circumstances, this Arbitration Request is only to be allowed. Allowing the Arbitration Request I appoint Sri.Thomas Stanley, retired District Judge and Advocate, Ernakulam as Arbitrator for settling the disputes which are subject matter of this arbitration request i.e. the claims and counter claims of the parties in relation to a AR.No.23/08 2 vessel. It is seen from the pleadings that the value of the vessel is deteriorating and the same may have to be sold in public auction in the interest of both the parties. Arbitrator therefore will enter on reference at his earliest and pass award without undue delay. If any of the parties moves the Arbitrator for orders regarding sale of the vessel in question, such motion will be entertained and appropriate orders will be passed by the Arbitrator. PIUS.C.KURIAKOSE JUDGE sv. AR.No.23/08 2