IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 AR.No. 21 of 2010() ------------------- PETITIONER ------------------- USHA S., W/O. SAJU, AGED 47 YEARS, KATTILPARAMBIL HOUSE, CHOORNIKKARA, ALUVA. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): ------------------------ 1. TATA MOTORS LTD., LAL BHADUR SHASTRI MARG, WAGLE ESTATE, THANE - 400604, MAHARASTRA 2. TATA MOTORS LTD., 3RD FLOOR, PUTHUS TOWER, PALARIVATTOM, KOCHI-25. 3. TATA TML FINANCE SERVICE LTD., S.L.PLAZA BUILDING,PALARIVATTOM, ERNAKULAM. 4. FOCUZ MOTORS, FOCUS TOWERS, EDAPPILLY, KOCHI-14. R1-4 BY ADV. SRI.V.KRISHNA MENON R1 BY ADV. SMT.P.VIJAYAMMA R3 BY ADV. SRI.PRADEESH CHACKO SRI.K.ANAND THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 30/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AR.No. 21 of 2010() --------------------------- APPENDIX -------------- PETITIONER'S ANNEXURE --------------------------------------- ANNEXURE A1. COPY OF THE TAX INVOICE DATED 30.11.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. ANNEXURE 2. COPY OF THE COMPLAINT MADE BY THE PETITIONER TO THE 2ND RESPONDENT ANNEXURE 3. COPY OF THE LAWYER NOTICE DATED 15.2.2010 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2, 3 ND 4. NNEXURE A4. COPY OF THE ARBITRATION REQUEST DATED 11.3.2010 SENT BY THE PETITIONER TO THE RESPONDENTS. RESPONDENT'S ANNEXURE : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S.SIRI JAGAN, J. ================== A.R.No.21 of 2010 ================== Dated this the 30th day of September, 2011 O R D E R This arbitration request is filed for appointing an arbitrator for resolving the dispute between the petitioner on the one hand the respondents on the other. The respondents have filed a counter affidavit objecting to the request on the ground that the petitioner has subsequently transferred the vehicle. I am of opinion that that question also forms part of the dispute between the parties. The respondents do not dispute the existence of the arbitration agreement. That being so, there is no impediment in appointing an arbitrator. Accordingly, I appoint Sri.P.L.Norbert, District Judge (Retd.), Nin's, Adedis, Sastha Temple Road, Palluruthy, Kochi, as Sole Arbitrator for resolving the dispute between the parties. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge