IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 AR.No. 21 of 2008 ------------------- PETITIONER --------------- SRI.P.C.GEORGE, S/O.LATE CHAKKAPPAN, PADIYATTI HOUSE, RESIDING AT JIMJACK EVAN VILLA, P.O.VIYYUR, THRISSUR. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.K.A.SREEJITH SRI.M.R.DHANIL RESPONDENTS: ------------- 1. MR.BABU.P.GEORGE, S/O.P.C.GEORGE, PADIYATTI HOUSE, HOUSE NO.4, JIMJACK GARDEN, P.O.CHERUR, PERINGAVU, THRISSUR DT. 2. JOHNSON.P.GOERGE, PADIYATTI HOUSE, NEAR HARISREE SCHOOL, P.O.POONKUNNAM, THRISSUR DISTRICT. BY ADV. SRI.G.UNNIKRISHNON SRI.K.SANEESH KUMAR THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - A.R.No.21 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 23rd July, 2008 ORDER This is an application under Section 11(5) of the Arbitration and Conciliation Act, 1996 for appointment of an independent and impartial Arbitrator for settling the various disputes and differences which have arisen between the parties out of Annexure A agreement. A detailed counter affidavit has been filed by the respondents and I have heard the submissions of Mr.K.B.Mohandas, counsel for the petitioner and Mr.G.Unnikrishnan, counsel for the respondents. 2. It is not disputed that Annexure B is an arbitration clause and that the same has been duly invoked by Annexure C. Though contentions have been raised by the respondents, ultimately it is stated that in case the court becomes inclined to appoint Arbitrator from the list submitted by the petitioner, one among the two Retired District Judges named in the counter affidavit can be appointed. Both sides submitted in unison that a Retired District Judge stationed at Thrissur be appointed as Arbitrator. I am of the view that Mr.N.K.Vijayan, Advocate and Retired District and Sessions Judge, Civil Lines Road, Thrissur can be appointed as Arbitrator for settling the disputes which have arisen between the parties out of Annexure A A.R.No.21/08 - 2 - agreement. Accordingly, allowing the A.R. I appoint Mr.N.K.Vijayan, Advocate and Retired District & Sessions Judge, Civil Lines Road, Thrissur as Arbitrator for settling the disputes between the parties. The Arbitrator will invite pleadings and if counter claims are raised by the respondents, the Arbitrator will settle the counter claims also. The Arbitrator will enter on reference and pass award at the earliest. srd PIUS C.KURIAKOSE, JUDGE