IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 AR.No. 42 of 2009() ------------------- APPLICANT (S): -------------------- S.RAMESAN, S/O.SADANANDAN, SHARMA NIVAS, ALANCHERRY, YEROOR.P.O., ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- M/S.SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, BRANCH OFFICE THATTAVARA COMPLEX, RING ROAD, PATHANAMTHITTA, REPRESENTED BY ITS ASSISTANT MANAGER. ADV. SRI.C.HARIKUMAR FOR R1 SMT.MOLLY KOSHY FOR R1 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- A.R. No.42 of 2009 --------------------------------- Dated, this the 29th day of January, 2010 O R D E R The applicant entered into an agreement with the respondent and availed of a vehicle loan. The respondent claimed amount from the applicant on the ground that on account of defaults committed, substantial amounts are due. Payment was demanded by Annexures C & D notices. The applicant is disputing the amount quantified and claimed by the respondent in the notices. Thereupon, the applicant sought appointment of an Arbitrator by Annexure G and on the allegation that there was no response, this Arbitration Request has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. The respondent has entered appearance. The loan transaction, agreement and the existence of arbitration clause are all admitted by the respondent. 3. The fact that there is a dispute and that the applicant sought appointment of an Arbitrator are evidenced from Annexure A.R. No.42/2009 -2- G notice. Therefore, in view of the existence of a dispute and availability of the arbitration clause in the agreement providing for appointment of a sole Arbitrator, the applicant is eligible to have the appointment ordered. Accordingly, this Arbitration Request is allowed. Adv.Shri.P.Gopakumaran Nair, Retired District Judge, is appointed as the Sole Arbitrator to resolve the disputes between the applicant and the respondent. This arbitration request is allowed as above. (ANTONY DOMINIC, JUDGE) jg