IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 AR.No. 15 of 2009() ------------------- APPLICANT --------------- PRASANTH B. S/O. S.BRAHMANAYAKAM, AGED 30 YEARS, PROPRIETOR DESIGNER'S GROUP, RESIDING AT "REVATHY", TC 29/792/1, CHEMAPAKACHERRY, PALKULANGARA, THIRUVANANTHAPURAM. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): --------------- 1. MR. FRANCIS PEREIRA, S/O. PEREIRA, PRINCESS HOMES, TC 45/1105, WATTS ROAD, VELLAKANI JUNCTION, VALIATHURA, THIRUVANANTHAPURAM-08. 2. MRS. SHERINE MARY RODRIGUES, W/O. MR.FRANCIS PEREIRA, PRINCESS HOMES, TC 45/1105, WATTS ROAD, VELLAKANI JUNCTION, VALIATHURA, THIRUVANANTHAPURAM-08. R2 BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.RAFEEK. V.K. SRI.PRATHAP PILLAI THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- A.R.No.15 OF 2009 ------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Petitioner and respondents have an agreement between them for resolution of any dispute arising in relation to the execution, discharge and satisfaction of a work on the basis of that agreement. The said agreement, Annexure A2, provides that all disputes between the parties with regard to any matter in relation to the construction of building, failing mutual negotiation, shall be referred to arbitration and shall be governed by the Arbitration Act. The respondent did not object to the allegation that there are disputes and that the parties have not been able to settle them by mutual negotiation. The parties have also not concurred on the identity of the arbitrator. I think there are sufficient ground to take a measure in terms of Section 11 of the Arbitration and Conciliation Act, 1996. This arbitration request AR.15/09 Page numbers is, therefore, ordered appointing Sri.K.Viswanathan Nair at serial No.33 in the panel of arbitrators prepared by the High Court as the sole arbitrator. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.13/10.