IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929 AR.No. 8 of 2007() ------------------ PETITIONER: -------------------- K.J.PRAKASH, K.J.CABLES, KULATHIL, KAKKOOR KARA, NATTAKAM P.O., KOTTAYAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT: ------------- ASIANET SATELLITE COMMUNICATIONS (P) LTD., 3RD FLOOR, CENTRE PLAZA, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014, REP. BY ITS SENIOR GENERAL MANAGER (MARKETING). BY ADV. SRI.V.GIRI SRI.SAJI VARGHESE. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 09/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. .......................................................... ARBITRATION REQUEST No.8 OF 2007 ........................................................... DATED THIS THE 9th JULY, 2007 O R D E R This request under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner, a cable TV operator who had entered into a franchisee agreement with the respondent M/s.Asianet Satellite Communications (P) Ltd., for the appointment of an arbitrator for settling the disputes which have arisen between the parties over the franchisee agreement which is produced as Annexure-A. Clause 21 of Annexure-A contains arbitration clause. Annexure-B is the claim notice dated 7.7.2005 which was sent to the respondent on behalf of the petitioner claiming Rs.14,66,750/-. Thereafter, Annexure-C notice dated 8.8.2005 invoking the arbitration clause by naming five persons as arbitrators was sent. Averring that the respondent has not chosen to nominate any arbitrator in accordance with Annexure-A agreement and that the respondent has not agreed to the names suggested by the petitioner, the present request is filed. 2. No counter-statement has been filed by the respondent so far. A case is made out for invocation of the appointment procedure envisaged by Section 11 of the Arbitration and Conciliation Act. The AR.N0.8/07 -2- Arbitration Request will stand allowed. Sri.Somachoodan Nair, Retired District Judge, Near St.Martin's Church, Palarivattom, Kochi-25 is appointed as arbitrator to settle the disputes between the parties covered by Annexure-C claim notice and which are subject-matter of the Arbitration Request. The Arbitrator will enter on reference at his earliest and pass award. (PIUS C.KURIAKOSE, JUDGE) tgl AR.N0.8/07 -3- AR.N0.8/07 -4-