IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 1ST NOVEMBER 2007 / 10TH KARTHIKA 1929 AR.No. 14 of 2005() ------------------- APPLICANT: -------------------------- PEETHAMBARAN K.B., AGED 57 YEARS, S/O. LATE BHASKARAN, NOW RESIDING AT HOUSE NO.10/929 D P.O.KUSUMAGIRI, KAKKANAD, COCHI -30. BY ADV. SRI.P.SHRIHARI SMT.P.VANI RESPONDENT: ------------- E.V.THOMAS @ KUNJACHAN, S/O. LATE WILLIAM, KEETHARAPARAMBU HOUSE, PARAMBITHARA ROAD, KOCHI 682 015. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 01/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER NO REPRESENTATION TODAY ALSO. THE A.R. WILL STAND DISMISSED FOR DEFAULT. 1.11.2007 SD/- PIUS C.KURIAKOSE, JUDGE. SRD (TRUE COPY) P.A.TO JUDGE. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- A.R.No.14 OF 2005 ------------------------------------------- Dated this the 29th day of October, 2008 O R D E R This arbitration request is filed seeking that appropriate measure may be taken on the basis of the arbitration clause in the partnership deed between the parties. Clause 17 of Annexure 1 is the arbitration clause, which reads as follows: “Any dispute or difference which may arise between the partners or their legal representative shall be referred to and settled by arbitration.” In Annexure 5, the petitioner suggested an arbitrator, which is refuted by the respondent in Annexure 6 and the suggestion in Annexure 6 is not acceptable to the petitioner. It is agreed that there are disputes between the parties. The arbitration clause is not in dispute. The arbitrability of the disputes is also not in dispute. Accordingly, learned counsel on either side submitted that in view of the arbitration clause, this Court may name an arbitrator and refer the matter for further consideration. This AR.14/05 Page numbers arbitration request is allowed appointing Sri.K.Ramachandran, District Judge (retd.) as the arbitrator, who will enter on reference and pass award in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.