IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 AR.No. 2 of 2010() ------------------ APPELLANT ----------------------------- JOHNSON K.VETTUMVELLIL, S/O. LATE KURUVILLA, VETTUMVELLIL HOUSE, PADINJARAKARA P.O., VAIKOM, KOTTAYAM DISTRICT-686 146. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENT(S): --------------- K.A.KUNJUMOIDEEN, S/O. V.K.ALIYAR, NOW RESIDING AT DOOR NO.59/1549, YUVAKALATHARANG ROAD, KALATHUMPURATH LANE, ELAMAKKARA P.O., ERNAKULAM-682 026. ADV. SRI.ALIAS M.CHERIAN THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- A.R. NO. 2 OF 2010 -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T A-1 is the agreement between the petitioner and respondent for supply of timber by the petitioner to the respondent. It would appear that dispute arose between the parties and Annexure-2 notice was issued by the respondent to the petitioner, demanding refund of the advance paid with interest. Thereupon on behalf of the petitioner Annexure-3 notice was issued inter alia invoking the arbitration clause in Annexure-1 agreement. In Annexure-3, the petitioner also suggested an Arbitrator. However in Annexure-4 reply that was issued on behalf of the respondent though no objection has been taken against arbitration proceedings as such, the respondent conveyed his inability to accept the person suggested by the petitioner as the sole Arbitrator. It is in these circumstances that this petition has been filed for the appointment of a sole arbitrator. 2. Thus the existence of an arbitration clause in the agreement is admitted. The fact that there is dispute between the A.R.No.2 /2010 :2 : parties is also admitted. The only difference of opinion is regarding the person to be appointed as the Arbitrator. 3. When this matter was heard, parties have agreed before this court that Advocate N. Sukumaran, Retired District Judge can be appointed as the Arbitrator to resolve the dispute between the parties. Accordingly, I appoint Sri. N.Sukumaran, Thriveni, Warriam Road, Cochin-16, Retired District Judge as the Arbitrator to resolve the dispute between the petitioner and respondent. The Arbitrator will enter upon reference and pass an award on an expeditious basis. Arbitration Request is allowed. (ANTONY DOMINIC) JUDGE vi/ A.R.No.2 /2010 :3 :