IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 AR.No. 20 of 2008() ------------------- PETITIONER --------------------------- TRINETHRA SUPER RETAIL PVT. LIMITED, APPLE TOWER, 7TH FLOOR, BYPASS ROAD, PALARIVATTOM, COCHIN-24, AND OFFICE AT 10/256A AND B, OPPOSITE GM MOTORS, NETTOOR, KOCHI. BY ADV. SRI.A.KUMAR RESPONDENTS: ------------- 1. MR.A.M.ABHUSAMMED, PEARLS GARDEN, KOZHIKODE TALUK, KACHERI DESOM, EASTHILL ROAD, WESTHILL P.O.-673 005. 2. MR.M.V.MOHAMMED ASHRAF, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1-2 SRI.P.M.HARRIS FOR R1-2 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------------------- A.R. No. 20 of 2008 ----------------------------------------------- Dated this the 15th day of September, 2008 J U D G M E N T This is an application under section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of an independent and impartial arbitrator for settling the disputes between the parties over Annexure-A agreement. No counter affidavit has been filed. Annexure – A contains Annexure – B, which I find is a valid arbitration clause. Since it is not disputed that there is a valid arbitration agreement between the parties in respect of Annexure – A and since Annexure – B arbitration clause has been validly invoked I do not find any reason as to why this application should not be allowed. The name of Sri.N.Sukumaran, retired District Judge and Advocate of this Court was suggested to the parties who were before me through Advocates Sri.A.Kumar and Sri.Bindu Sasthamangalam and the learned counsel did not raise any objections regarding the proposed arbitrator. A.R. accordingly will stand allowed. Sri.N.Sukumaran is appointed as arbitrator for resolving all the disputes around Annexure-A agreement which are subject matter of this application and Annexure – C notice. The arbitrator will enter on reference and make and publish his award AR. N0. 20/08 -2- at the earliest. I am sure that the arbitrator will fix reasonable terms regarding the remuneration payable to him. (PIUS C.KURIAKOSE, JUDGE) ksv/-