IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 AR.No. 29 of 2009() --------------------------- APPLICANT ----------------- M/S. TRITON TECHNOLOGIES INDIA PVT. LTD., 35/1774, JYOTHI, RESERVE BANK LANE, SOUTH JANATHA ROAD, PALARIVATTOM P.O., KOCHI-682 025, REPRESENTED BY ITS MANAGING DIRECTOR, SOLOMON ERNEST P. BY ADV. MR.K.L.VARGHESE SMT.SANTHA VARGHESE OPPOSITE PARTY/RESPONDENT: ------------------------------------------------ M/S. PRIYADARSHINI CO., OP. SPINNING MILLS LTD., MEENADOM PO., KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY MR.B.S.KRISHNAN, SENIOR ADVOCATE, ADV. MR.K.ANAND, SMT.LATHA KRISHNAN. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = A.R.No.29 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2009. O R D E R The applicant relying on Clause 11 of the agreement between the parties, seeks reference of existing disputes for arbitration. The existence of disputes cannot be disputed because, the petitioner's request for payments is still pending with the respondent. However, the respondent would contend that the invocation of arbitration clause would depend upon only when there is a failure to settle the disputes otherwise. Having regard to the time lag involved in the matter and the fact that the petitioner had requested for appointment of arbitrator, it is only appropriate that an arbitrator is appointed by this Court as a measure in terms of Section 11 of the Arbitration and Conciliation Act, 1996. Taking into consideration the AR29/09 -: 2 :- decisions of the Apex Court in Datar Switchgears Ltd. v. Tata Finance Ltd. & another, (2000) 8 SCC 151 and Punj Llyod Ltd. Vs Petronet MHB Ltd., (2006) 2 SCC 638 and of this Court in Divisional Railway Manager v. West Coast Agencies, 2005 (2) KLT 734, Mr.Justice J.B.Koshy, former Chief Justice of Patna High Court and a former Judge of this Court is appointed as arbitrator. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1612