IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 AR.No. 23 of 2011() -------------------------- (S): APPLICANT ---------------------- M/S.K.K.BUILDERS,A REGISTERED PARTNERSHIP FIRM,REP;BY ITS MANAGING PARTNER K.K.MOHANDAS,S/O.K.K.KUNHIRAMAN,AGED 53 YRS, BUSINESS,HAVING ITS REGISTERED OFFICE AT PERAVOOR, MANATHANA AMSOM,PERAVOOR DESOM,PERAVOOR.P.O, THALASSERY TALUK. BY ADV. SRI.SHAJI P.CHALY SRI.R.SANJITH SMT.LIJITTA G.MATHEW RESPONDENT(S): ------------------------ KANNUR MUNICIPALITY,REPRESENTED BY ITS SECRETARY,MUNICIPAL OFFICE,KANNUR,KANNUR.P.O, KANNUR TALUK. R1 BY ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE SRI.A.S.SAJUSH PAUL SRI.THOMAS JAMES MUNDACKAL SRI.BOBBY THOMAS SRI.M.L.JISHNU SRI.TONY THOMAS (INCHIPARAMBIL) SMT.S.AMBILY THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU AR.No. 23 of 2011 APPENDIX PETITIONER'S ANNEXURES: A : COPY OF THE RELEVANT PAGE OF CONCESSION AGREEMENT DTD 27/10/2004. B : COPY OF SOME DEMAND NOTICES ISSUED BY THE RESPONDENT DTD 10/03/2009. C : COPY OF THE LETTER ISSUED BY PETITIONER TO THE RESPONDENT DTD 26/11/2008. D : COPY OF THE LETTER ISSUED BY RESPONDENT TO THE PETITIONER DTD 12/02/2008 AND COUNCIL DECISION. E : COPY OF THE RELEVANT PAGE OF CONCESSION AGREEMENT WITH REGARD TO DISPUTE RESOLUTION. F : COPY OF THE LETTER ISSUED BY PETITIONER TO THE MEDIATOR DTD 26/02/2009. G : COPY OF THE LETTER ISSUED BY MEDIATOR TO THE PETITIONER AND RESPONDENT DTD 27/06/2009. H : COPY OF THE DECISION OF MUNICIPAL COUNCIL DTD 27/06/2009. I : COPY OF THE COUNCIL DECISIONS. J : COPY OF THE LETTER ISSUED BY PETITIONER TO THE RESPONDENT DTD 06/08/2009. K : COPY OF THE LETTER ISSUED BY PETITIONER TO THE RESPONDENT DTD 27/06/2009. L : COPY OF THE JUDGMENT IN WPC 22737/2009 DTD 26/11/2008. M : COPY OF THE LETTER ISSUED BY PETITIONER TO THE RESPONDENT DTD 30/09/2009. N : COPY OF THE LETTER ISSUED BY PETITIONER TO THE RESPONDENT DTD 21/12/2010. O : COPY OF THE LETTER ISSUED BY RESPONDENT TO THE PETITIONER DTD 21/01/2011. RESPONDENT'S EXHIBITS : 1 : COPY OF RESOLUTION TAKEN BY THE MUNICIPALITY NO.37 DTD 21/06/2011. //TRUE COPY// STU P.A TO JUDGE. S. SIRI JAGAN, J. ------------------------------------------- A.R.No.23 OF 2011 ---------------------------------------------- Dated this the 28th day of October, 2011 ORDER In respect of business transaction between the applicant and the respondent Municipality, disputes have arisen. The applicant has filed this Arbitration Request for appointment of an Arbitrator to arbitrate the disputes between the parties. A statement has been filed by the respondent. The respondent does not dispute the arbitration clause in the agreement between the parties. Now both parties agree that a retired High Court Judge can be appointed as the sole arbitrator to arbitrate the disputes between the parties. Both parties agree on Sri. Justice P. Krishnamoorthy, Former Judge of this Court and the Karnataka High Court as the sole arbitrator. Accordingly, I appoint Sri. Justice P. Krishnamoorthy, Former Judge of this Court and the Karnataka High Court(Karthika, Krishnaswami Road, Ernakulam - 682035), as the sole arbitrator to arbitrate the disputes between the parties. The Arbitration Request is allowed as above. S. SIRI JAGAN, JUDGE acd