IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 AR.No. 24 of 2010() ------------------- APPLICANT ----------------------------- M/S.SKILLED CONSTRUCTION COMPANY LTD., 'PRANAVA', 34/1120 B, BALAKRISHNA MENON ROAD, EDAPPALLY, KOCHI - 682 204. BY ADV. SRI.K.L.VARGHESE, SENIOR ADVOCATE SMT.SANTHA VARGHESE RESPONDENT(S): OPPOSITE PARTIES ------------------------------- 1. SREE SANKARACHARYA UNIVERSITY OF CALICUT KALADY POST, ERNAKULAM (DIST) KERALA - 683 574, REPRESENTED BY THE REGISTRAR. 2. THE MANAGING DIRECTOR, KITCO LTD., P.B.NO.1820, RAVIPURAM, 'SHEMA', M.G.ROAD, KOCHI - 682 016. ADV. SRI.P.K.VIJAYAMOHANAN,SC,SANKARACHA.UTY FOR R1 SRI.GILBERT GEORGE CORREYA,SC,SANKAR.UT FOR R1 SRI.P.S.NISHIL,SC,SREE SANKARACHARYA UT FOR R1 SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.K.JOHN MATHAI FOR R2 SRI.P.BENNY THOMAS FOR R2 SRI.P.GOPINATH FOR R2 SRI.NITHIN GEORGE FOR R2 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 15/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ A.R.No.24 OF 2010 ------------------------------ Dated this the 15 th day of October, 2010 ORDER The first respondent, Sree Sankaracharya University of Sanskrit, Kalady, entered into a contract with the second respondent KITCO Ltd., for construction of library building for the University. As per Annexure-A4 agreement, executed between KITCO and the petitioner, the petitioner agreed to execute certain items of work for KITCO, so as to fulfill the agreement between the KITCO and the first respondent. According to the petitioner, the work was completed but the full amount payable to the petitioner was not disbursed by the second respondent. It is stated that a dispute arose as to the quantification of the amount. 2. Annexure-A4 Articles of Agreement entered into between the petitioner and the second A.R.No.24 OF 2010 2 respondent provides for arbitration. Clause 12 of the agreement reads as follows: “12. In the event of any question, dispute and or difference whatsoever arising under the agreement or in connection there with including any question relating to existence, meaning and interpretation of the agreement or any alleged breach thereof, if not settled, the same shall be referred to an arbitrator nominated by KITCO and the disputes shall be settled in accordance with the provisions of the Arbitration & Conciliation Act, 1996.” 3. The petitioner issued Annexure-A2 notice calling upon the second respondent to appoint an arbitrator in terms of the agreement. Though Annexure A2 notice was received by the second respondent, no arbitrator was appointed and no reply was sent to Annexure-A2 notice. Therefore, the petitioner has filed this application under Section 11(5) and (6) of the Arbitration & Conciliation Act, 1996. 4. The learned Standing Counsel appearing for A.R.No.24 OF 2010 3 the first respondent submitted that there is no contract between the first respondent and the petitioner and therefore, the first respondent is an unnecessary party. The learned counsel appearing for the petitioner as well as the learned counsel for the second respondent submitted that on finalization of the bill, the amount shall be disbursed by the first respondent. It is admitted by the petitioner as well as the second respondent that in the arbitration proceedings, the presence of the first respondent is not required. 5. The learned counsel appearing for the second respondent submitted that the second respondent has no objection in appointing an Arbitrator and referring the disputes for resolution by arbitration. 6. The petitioner as well as the second respondent agreed that Sri.K.Ramachandran, Retired District Judge, may be appointed as the Arbitrator. A.R.No.24 OF 2010 4 Accordingly, Sri.K.Ramachandran, Retired District Judge, Govind, Neduvelil Lane, Ravipuram Road, Ernakulam is appointed as the Arbitrator. The Arbitrator is free to fix his fee and determine the venue for arbitration. The Arbitration Request is allowed as above. K.T.SANKARAN, JUDGE. cms