IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 AR.No. 54 of 2008() ------------------- PETITIONER(S): -------------------- SAJJID PASHA, S/O.KAMAL PASHA, AGED 36 YEARS, PROPRIETOR, FORMEXX SPACE FAMES, 30/473-B7, ANEEB BUILDING, OPP.KSFE LIMITED, KAVOOR, CHEVAYOOR P.O., CALICUT 673 017. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------- 1. LLOYD INSULATION (INDIA) LTD., 5 HADDOWS LANE, HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI 600006. 2. BRANCH MANAGER, LLOYD INSULATIONS (INDIA) LTD., BUILDING NO. 38/449 ANTHONY ESTATE, MANORAMA JUNCTION, KOCHI-14. R1, R2 BY ADV. SRI.S.VINOD BHAT SRI.R.PADMARAJ THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 09/06/2009, ALONG WITH A.R.NO.17 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- A.R.Nos.54 OF 2008 & 17 OF 2009 ------------------------------------------- Dated this the 9th day of June, 2009 O R D E R The parties to these arbitration requests have an agreement between them which contains an arbitration clause. Each of them has appointed an Arbitrator. The said two Arbitrators have not concurred on the appointment of a Presiding Arbitrator. These arbitration requests are filed seeking a measure under such circumstances. The absence of concurrence between the two learned Arbitrators has prompted the parties to request this Court to take a measure by nominating the Presiding Arbitrator. Learned Arbitrators appointed by the parties being former Judges of different High Courts, I deem it appropriate that a former Chief Justice of a High Court be the Presiding Arbitrator. In the result, Mr.Justice J.B.Koshy, former Chief Justice of Patna High Court is appointed as the Presiding Arbitrator in AR.54/08 & 17/09 Page numbers terms of the Arbitration and Conciliation Act, 1996. The Office will communicate this decision appropriately. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/6.