IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 AR.No. 8 of 2008 PETITIONER ------------------------------ M/S.E.V.M. RUBMIX COMPANY (P) LTD., HAVING REGISTERED OFFICE AT E.V.MATHAI AND SONS, KOTHAMANGALAM, KERALA. BY ADV. SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENTS: --------------- 1. M/S.CEAT LTD., HAVING ITS REGISTERED OFFICE AT 463, DR.ANNIE BESANT ROAD, MUMBAI-400 025. 2. THE CONTROLLER, RUBBER PURCHASE DEPARTMENT, CEAT LTD., CHITTOOR ROAD, ERNAKULAM. R2 BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Arb. Request. NO. 8 OF 2008 ------------------------------------------------------ Dated this the 30th day of March, 2010 JUDGMENT The prayer in the Arbitration Request is to appoint an Arbitrator for the purpose of deciding the dispute between the petitioner and the respondents. It is not in dispute that the parties had entered into an arbitration agreement dated 15.9.1998. 2. As per the terms of the agreement, in the event of any dispute or difference arising between the parties, the dispute or difference shall be referred to arbitration. It was further agreed between the parties that the arbitration proceedings shall be held at Mumbai. 3. During the course of arguments, both sides agreed that Honourable Mr.Justice Sankarasubban (retired) can be appointed as the Arbitrator. The petitioner as well as the respondents have filed statements to that effect in the Arbitration Request. Arbitration Request NO. 8 OF 2008 :: 2 :: Accordingly, the Arbitration Request is allowed and Honourable Mr.Justice Sankarasubban, Former Judge, High Court of Kerala, 303-304, Madhavi Building, Premjyoth Complex, behind Indian Oil Nagar, Chembur-Mankhurd Link Road, Mumbai – 400 043 is appointed as the Arbitrator, as agreed by the parties. (K.T.SANKARAN) Judge ahz/