IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 AR.No. 47 of 2008() -------------------------- PETITIONER/APPLICANT: ----------------------------------- T.K. ALIKUTTY, GOVERNMENT CONTRACTOR, THONDIKADAVATH, ATHAVANAD P.O., (VIA) THIRUNAVAYA, MALAPPURAM DISTRICT, 676 301. BY ADV. MR.MEIJO KURIAN PUVATHINGAL SMT.PREMY MEIJO RESPONDENT(S): ------------------------ 1. THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI- 600 001. 2. THE CHIEF ENGINEER/NORTH/MS, CONSTRUCTION, SOUTHERN RAILWAY, OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, CONSTRUCTION, EGMORE, CHENNAI- 600 008. R1 & R2 BY ADV. MR.R.SATISH KUMAR, SC. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = A.R.47 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of October, 2009. O R D E R This matter relates to an arbitration in terms of the provisions of a contract of the Southern Railway. The terms of the contract provide for arbitration. The stand in the statement is that the competent authority had nominated an arbitrator from among its Gazetted Officers. But, that nomination is made much after the institution of this arbitration request. It is, therefore, available to the petitioner to contend that due action having not been taken within the time limit, the Court may appoint an arbitrator. Having regard to the nature of the questions arising for decision in the arbitration proceedings, Sri.O.Ramachandran Nambiar, District Judge (Retired) is appointed as arbitrator to enter on reference and complete the proceedings AR47/2008 -: 2 :- in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Let the arbitration proceedings conclude within six months from the date of claim statement of the petitioner and the copy of this order. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/061109