IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 AR.No. 40 of 2009() ------------------- APPLICANT (S): -------------------- M.SHAHABUDEEN, S/O.MOHAMMED SALI, AGED 52 YEARS, VILAYIL VEEDU, VADAKKEVILA MURI, MANAKKADU VILLAGE, KOLLAM DIST. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- 1. SAMAGRA VIKAS SOCIAL SERVICE SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, VIKAS BHAVAN, SEA VIEW WARD, ALAPPUZHA-12. 2. REV.FATHER JOSE KOOLIPURACKAL, EXECUTIVE DIRECTOR, SAMAGRA VIKAS SOCIAL SERVICE SOCIETY, -DO- -DO- . *ADDL. R3. THE DISTRIT COLLECTOR, ALAPPUZHA. * (IMPLEADED ADDITIONAL RESPONDENT AS PER ORDER DATED 12/11/2009) ADV. SRI.K.S.HARIHARAPUTHRAN FOR R1 & 2 SRI.M.D.SASIKUMARAN FOR R1 & 2 SRI.GEORGE MATHEW FOR R1 & 2 MS.K.R.DEEPA, GOVERNMENT PLEADER FOR R3 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- A.R. No.40 of 2009 --------------------------------- Dated, this the 18th day of February, 2010 O R D E R This application is made under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an Arbitrator for resolving the disputes between the applicant on the one side and respondents 1 & 2 on the other. 2. According to the applicant, on behalf of respondents 1 & 2, he executed certain works, in respect of which payment is due. It is stated that in Annexure-A1 agreement executed between the parties, there is a provision for resolution of disputes by the District Collector. When payment was not made, the applicant addressed the District Collector to resolve the disputes to which the District Collector replied by Annexure-A6 expressing his unwillingness to intervene in the matter on the ground that he is not a party to Annexure-A1 agreement. It is thereupon this application is filed. 3. Although the District Collector's stand in Annexure-A6 cannot be faulted, fact remains that the applicant and respondents A R No.40/2009 -2- 1 & 2 have agreed to resolve the disputes by arbitration. Now that the District Collector has declined to discharge his role as the agreed Arbitrator, the applicant is justified in his request for appointing an Arbitrator. Having regard to the above, Shri. N.Sadanandan, Retired District Judge, Kochuvettil, Chingoli.P.O., Alappuzha, Pin - 690 532, is appointed as the Arbitrator to resolve the disputes between the applicant and respondents 1 & 2. The Arbitrator shall enter upon reference and conclude the proceedings in accordance with law and as expeditiously as possible. The Arbitration Request is allowed as above. (ANTONY DOMINIC, JUDGE) jg