IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 AR.No. 19 of 2008() ------------------- OP.298/2007 of DISTRICT COURT, THRISSUR .................... APPLICANTS ----------------- 1. JOSEPH.C.D., AGED 43 YEARS, S/O.LATE DEVASSY, CHAKKOLA HOUSE, PANANCHERRY, PATTIKKAD P.O., THRISSUR. 2. ANILAN.K.R., AGED 37 YEARS, S/O.RAVICHANDRAN, KANDARUTHY HOUSE, PUTHUR, KAIPARAMBU, THRISSUR. 3. RAJEESH.A.V., AGED 28 YEARS, S/O.LATE VELAYUDHAN.A.A., ARIYEDATH HOUSE, VALIYAPARAMBU, KUTTUR, THRISSUR. 4. SANTHOSH JOSE, AGED 33 YEARS, S/O.JOSE, PURATHOOKKARAN HOUSE, ARANATTUKARA, THRISSUR. 5. DINESH.P.N., AGED 35 YEARS, S/O.NARAYANAN, PULIKKAL HOUSE, KOLANGATTUKARA, P.O.CHOOLISSERY, THRISSUR. 6. V.J.RAFI, AGED 41 YEARS, S/O.V.L.JOSE, VADUKKOOTT HOUSE, KIRALOOR, P.O.MUNDOOR, THRISSUR. 7. VINOD ABRAHAM, AGED 29 YEARS, S/O.ITHIA VEERA ABRAHAM, HOUSE NO.16, SILK NAGAR, P.O.PERINGANDOOR, THRISSUR. 8. SURESH.M.P., AGED 42 YEARS, S/O.PANJAPPU, MANJAKATTIL HOUSE, PERINGANDOOR, THRISSUR. 9. GOPI, AGED 30 YEARS, S/O.SUBRAMANIAN.C.K., MENANGAPARAMBIL HOUSE, PERINGANDOOR, THRISSUR. 10. RAFI.K.O., AGED 24 YEARS, S/O.K.R.OUSEPH, KANNANAIKKAL HOUSE, ROSE VILLA, SILK NAGAR, PERINGANDOOR, THRISSUR. BY ADV. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN RESPONDENTS: ------------- 1. KERALA VISION LTD. I/IJ, KRISHNA BUILDING, VILVATTOM PANCHAYAT, VIYOOR VILLAGE, THRISSUR, REP. BY ITS MANAGING DIRECTOR. 2. GALAXY VISION, CABLE T.V.NETWORK, 1/164-A, VIYOOR, THRISSUR, PIN-680 010, REP. BY ITS MANAGING DIRECTOR, ANANDAN, S/O.KRISHNA MENON, WANDILATH HOUSE, VIYOOR P.O., THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) FOR R2 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- A.R.NO. 19 of 2008 ---------------------------------- Dated this the 21st day of July , 2008 O R D E R The prayer in this arbitration request is that an independent and impartial arbitrator be appointed for settling all the disputes which have arisen between the parties in respect of the claims of the appellant against the respondents as detailed in Ext.A4 notice and in this arbitration request. Though the respondents have been duly served with notice and Advocate Sri.G.Sreekumar has entered appearance for them, they have not filed any objections. 2. having regard to the averments in the arbitration request, which stand established by non traverse and the submissions addressed at the bar by the learned counsel, I am of the view that justice K.Padmanabhan Nair, a retired judge of this court, known for his learning and integrity can be appointed as arbitrator. Accordingly, allowing the arbitration request I appoint Justice K.Padmanabhan Nair(retired Judge, High court of Kerala), 34/2383A, “Panchajanyam”, Mangattu Road, Palarivatom P.O., Cochin – 25, as arbitrator to adjudicate upon all the claims of the applicants against the respondents as detailed in Ext.A4 notice. If counter claims are A.R. No.19/2008 2 raised by the respondents against the applicants, the arbitrator will adjudicate on the counter claims also. The arbitrator will enter on reference at his earliest and pass award without undue delay. PIUS C. KURIAKOSE JUDGE dpk