IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH DAY OF SEPTEMBER 2012/4TH ASWINA 1934 AR.No. 56 of 2008 --------------------- PETITIONER(S): ------------- B.M. SADIK LUKMAN, S/O.V.A. MOHAMMED, GOVERNENT CONTRACTOR BLAYLE PARAMBIL HOUSE, EDAPPALLY NORTH.P.0 KOCHI- 682 024. BY ADVS.SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENT(S): -------------- THE SUPERINTENDING ENGINEER, BUILDINGS AND LOCAL WORKS, SOUTH CIRCLE (PWD) THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. T.K. SHAIJ RAJ THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 26-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.R.56/08 APPENDIX ANNEXURES A1- TRUE PHOTOCOPY OF THE LETTER DATED 12.4.02 SENT BY THE RESPONDENT TO THE PETITIONER A2- TRUE PHOTOCOPY OF THE REPLY DATED 20.4.02 SENT BY THE PETITIONER TO THE RESPONDENT A3- TRUE PHOTOCOPY OF THE ARBITRATION AGREEMENT FOR THE WORK A4- TRUE PHOTOCOPY OF THE LETTER DATED 16.8.04 SENT BY THE PETITIONER TO THE EXECUTIVE ENGINEER A5- TRUE PHOTOCOPY OF THE LETTER DATED 4.2.05 GIVEN BY THE PETITIONER TO THE RESPONDENT A6- TRUE COPY OF THE REPLY DATED 15.6.06 GIVEN BY THE RESPONDENT TO THE PETITIONER A7- COPY OF THE LETTER DATED 19.7.05 GIVEN BY THE PETITIONER TO THE RESPONDENT A8- COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 2.8.05 APPOINTING THE ARBITRATOR A9- TRUE COPY OIF THE PROCEEDINGS DATED 7.10.05 OF THE RESPONDENT VIDE NO.B.SC/F3/4281/96 A10- TRUE COPY OF THE LETTER DATED 26.11.05 SENT BY THE ARBITRATOR TO THE RESPONDENT AND THE PETITIONER A11- TRUE COPY OF THE LETTER DATED 24.12.05 GIVEN BY THE PETITIONER TO THE RESPONDENT A12- TRUE COPY OF THE REPRESENTATION DATED 12.1.06 SENT BY THE PETITIONER TO THE SECRETARY TO GOVT. A13- TRUE COPY OF THE LETTER DATED 30.5.07 ISSUED BY THE SECRETARY TO GOVT. A14- TRUE COPY OF THE REPRESENTATION DATED 21.6.07 SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR PUBLIC WORKS DEPARTMENT A15- TRUE COPY OF THE LETTER DATED 10.12.07 SENT TO THE PETITIONER BY THE SECRETARY TO GOVERNENT A16- TRUE COPY OF THE REPRESENTATION DATED 23.11.07 SENT BY THE PETITIONER TO THE HONOURABLE MINISTER FOR PUBLIC WORKS DEPARTMENT A17- COPY OF THE GO(RT) NO.264/2002/PWD DATED 6.4.02 RESPONDENT'S EXHIBITS R1(A)- COPY OF THE MINUTES OF THE ARBITRATION COMMITTEE HELD ON 15.1.02 R1(B)- COPY OF THE ORDER NO.BSC/F3/4281/96 /true copy/ PA To Judge ANTONY DOMINIC, J ........................................ A.R.56/2008 .............................................. Dated this the 26th day of September, 2012 ORDER Heard the learned senior counsel for the petitioner and the learned Government Pleader appearing for the respondent. 2. By order dated 21st October 2011, this Court appointed Smt.Lalitha Michael as the sole arbitrator to arbitrate the dispute between the parties. The arbitrator, by letter dated 27.8.2012, informed that on account of her poor health condition, she is unable to continue and therefore, is withdrawing from the arbitration. In view of the said communication, it has become necessary to appoint another arbitrator in her place. Therefore, Sri.T.V.George, B.Sc (Engg.) (Civil), MS (Civil Engg.), MIE, Mem.ISTE, Retd.Professor and Head of the Department of Civil Engineering, Government Engineering College, Thrissur, “Sujo”, Engineering College (P.O), Thrissur., whose name has been suggested by the A.R.56/08 2 petitioner, is appointed in the place of Smt. Lalitha Michael to arbitrate the dispute between the parties. Sd/- ANTONY DOMINIC, JUDGE mrcs /true copy/ PA To Judge