IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 AR.No. 4 of 2008() ------------------ APPLICANT : ----------------- UNNIKRISHNAN, PROPRIETOR, SREELAKSHMI TRADERS, NARAYANA NIVAS P.O.PANAGAD, THRISSUR. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH OPPOSITE PARTIES: ------------- 1. SOUTHERN RAILWAY REPRESENTED BY THE GENERAL MANAGER, PARK TOWN, CHENNAI. 2. THE DIVISIONAL ELECTRICAL ENGINEER (TRACTION), SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRD BRANCH, THIRUVANANTHAPURAM -14. BY ADV. .N.B.SUNIL NATH,SC, RAILWAYS THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - A.R.No.4 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2008 ORDER The prayer in the Arbitration Request is that the respondents be directed to appoint an Arbitrator for settling the disputes which has arisen between the parties in the context of execution of the contract by the petitioner as provided under clause 63 (3) (i) of the General Conditions of the contract. Though time was given to the respondents who entered appearance through the standing counsel to file counter affidavit, no counter affidavit is seen filed. The averments in the application stand established by non-traverse. Learned counsel for the petitioner submitted that it will be sufficient if that prayer is granted.The application will stand allowed as prayed for. Accordigly, the respondents are directed to appoint Arbitrator as provided in clause 63 (3) (i) of the General Conditions of Contract ( Annexure 1) so that the Arbitrator can adjudicate the disputes raised by the petitioner within a time frame. Needful in compliance with the above direction should be done by the respondents within on month of receiving copy of this order. (PIUS.C.KURIAKOSE, JUDGE) sv.