IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 AR.No. 13 of 2009() ------------------- (S): APPLICANT ----------------------------- P.J.THOMAS, KOCHERIL HOUSE, PUTHENCHANTHAI P.O., VAKATHANAM, KOTTAYAM DISTRICT. BY ADV. SRI.JACOB P.ALEX RESPONDENT(S): OPPOSITE PARTIES/RESPONDENTS ------------------------------------------- 1. TECIL CHEMICALS & HYDRO POWER LTD., CHINGAVANAM, KOTTAYAM, REP.BY ITS MANAGING DIRECTOR S.B.SOMANI, EMPIRE HOUSE, III FLOOR, 214 DR.D.N.ROAD, FORT, MUMBAI-400 001. 2. VIJAYAN.M.G., PICHAKAPPIL VEEDU, PALLOM P.O., KOTTAYAM.(DEPUTY GENERAL MANAGER, TECIL CHEMICALS & HYDRO POWER LTD., CHINGAVANAM, KOTTAYAM). ADV. SRI.DILIP MOHAN FOR R2 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... A.R.NO.13 OF 2009 ............................................ DATED THIS THE 14TH DAY OF DECEMBER, 2009 ORDER The parties to this application have an arbitration agreement among them. The direction is that the parties will nominate their Arbitrators, who in turn, should chose an Umpire. But, following the notice of one side, the opposite party failed to appoint an Arbitrator. With the passage of time, the applicant was compelled to invoke Section 11 of the Arbitration and Conciliation Act, 1996 and therefore the procedure prescribed gives way and a sole Arbitrator needs to be appointed. Taking into consideration the stakes involved, nature of contract and other attendant facts and circumstances, Sri.K.C.George, former District Judge is appointed as Arbitrator, who will enter on reference and pass an award in Ar 13/09 2 terms of the aforesaid arbitration, within a period of eight months from the date of receipt of a copy of this order. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/15/12