IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 AR.No. 31 of 2007() ------------------- APPLICANT -------------------------- M/S. EVEREST ENERGY PVT. LTD., REP. BY IT DIRECTOR ANIL KUMAR, HAVING ITS REGISTERED OFFICE AT 108, DEFENSE COLLEEN, NEAR CORPORATION BANK, SAHAKAR NAGAR, BANGALORE-560 092. BY ADV. SRI.PHILIP MATHEW RESPONDENTS: OPP. PARTY/RESPONDENT ---------------------------------- M/S. STEEL INDUSTRIES KERALA LTD., REP. BY ITS EXECUTIVE DIRECTOR, (GOVT. OF KERALA UNDERTAKING), SILK NAGAR, ATHANI P.O., TRICHUR-680 771, KERALA. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Arbitration Request No.31 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2008 ORDER In this application under Section 11(6) of the Arbitration Conciliation Act 1996, the applicant who along with the respondent was a party to Annexure A1 memorandum of understanding invokes clause 7 of Annexure A1 and prays that an independent and impartial arbitrator be appointed for settling the disputes which has arisen between the parties. Annexure A1 is the copy of the memorandum of understanding and Annexure A2 is the first notice sent by the applicant to the respondent setting out the applicant's claim against the respondent for payment of the amounts. Annexure A3 is another letter sent in reiteration of the claims in Annexure A2 and when Annexure A2 and A3 failed, applicant has invoked the arbitration clause and issued Annexure A4. Annexure A5 acknowledgment card will show that Annexure A4 has been duly received by the respondent. The case of the applicant is that there has been no response at all from the AR.No.31/07 2 respondent to Annexure A2, A3 and A4. Even though the respondent has been served with notice by this court, they have not entered appearance before this court. The avernments in the applicantion stand established by non traverse. I do not find any reason, having gone through the arbitration request and various annexures produced along with the same, to decline the petitioner's prayers. The applicant has no objection in Sri.Thomas Stanley, retired additional District & Sessions Judge who is known for his integrity, being appointed as Arbitrator. Accordingly, this arbitration request will stand allowed. Sri.Thomas Stanley, retried Additional District & Sessions Judge, is appointed as Arbitrator for settling the disputes between the parties forming subject matter of Annexures 2 and 3. The Arbitrator will enter on reference and pass his award at the earliest. PIUS.C.KURIAKOSE JUDGE sv. AR.No.31/07 2