IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 AR.No. 31 of 2004() ------------------- PETITIONER. ---------------------------- JOJEN.T.MUKKADAN, M/S.HIGH TECH CABLE T.V.NETWOR, THRICKODITHANAM P.O. CHANGANACHERRY. BY ADV. SRI.P.RAVINDRA BABU RESPONDENTS: ------------- 1. M/S.ASIANET SATELITE COMMUNICATIONS(P) LTD., REGD.OFFICE, THRID FLOOR, CENTRE PLAZA, VAZHUTHACAUDU, THIRUVANANTHAPURAM 695 014, REP. BY ITS MANAGING DIRECTOR. 2. SHRI.M.AJAYAN, SENIOR GENERAL MANAGER(P) M/S.ASIANET SATELITE COMMUNICATIONS(P) LTD. REGD.OFFICE, THIRD FLOOR,CENTER PLAZA, VAZHUTHACADU, THIRUVANANTHAPURAM 695 014. R1 BY ADV. SRI.BENNY GERVACIS THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - A.R.No.31 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd January, 2008 ORDER This Arbitration Request is remaining defective on the reason that the 2nd respondent has not been served with notice. But as rightly submitted by the learned counsel for the petitioner the 2nd respondent is the Senior General Manager of the first respondent- Company and the dispute sought to be arbitrated is essentially between the petitioner and the first respondent. The first respondent entered appearance through Adv.Mr.Benny Gervacis but did not file any counter statement. Annexure A4 is the claim notice sent by the petitioner to the respondents and Annexure A5 is the reply. In fact through Annexure A5, names of two persons are suggested for appointment as Arbitrators. I feel that it is better if another person, not nominated by either of the parties is appointed as Arbitrator. Accordingly, I appoint Mr.K.C.George, Retired District Judge, Kottayam, as Arbitrator to settle the disputes between the parties which are subject matter of the Arbitration Request and Annexures A4 and A5. The Arbitrator will enter on arbitration at his earliest and will arbitrate and settle not only the claims raised by the petitioner A.R.No.31/04 - 2 - through Annexure A4 but also the counter claims, if any, which may be raised by the respondents. The Arbitration Request is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE