IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 AR.No. 9 of 2009 ------------------------ PETITIONER: ------------------- AMBIKA DEVI, AGED 43 YEARS, D/O.C.S.PADMANABHAN NAIR, RESIDING AT C/O.P.G.NAIR HOUSE NO.33/1455D, 'NUPUR', VENNALA P.O., ERNAKULAM. BY ADV. MR.N.M.MOHAMMED AYUB. RESPONDENT: --------------------- PURAVANKARA PROJECTS LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.227, S.V.ROAD, BANDRA (WEST), MUMBAI-400 050, HAVING BRANCH OFFICE AT G-261, PANAMPILLY AVENUE, KOCHI-682 036. REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. MR.P.R.VENKETESH. THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = A.R.No.9 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of July, 2009. O R D E R The petitioner in this arbitration request had entered into a contract for allotment of apartment in a multi-storied apartment complex, to be constructed by the opposite party. Disputes have arisen between them. There is an arbitration agreement between the parties. It forms part of the contract document. The place of arbitration is fixed as Ernakulam. The arbitration has to be a sole arbitrator. The parties have not agreed on the identity of the arbitrator. The opposite party does not contest the existence of the arbitration agreement or that the disputes have arisen. Therefore, the parties have to go for arbitration. In taking the measure on failure of the parties to go for arbitration, the opposite party has, through learned counsel, submitted AR9/09 -: 2 :- that the nomination of a retired District Judge, a made by the petitioner, is not acceptable to hem. Having regard to the type of the contract, the amounts involved and the nature of disputes, I deem it appropriate to take the measure appointing Adv.Sri.P.R.Shaji possessing LL.M. in Arbitration, Mediation and Negotiation from Hamline University, USA, included in the panel of arbitrators maintained by this Court under orders of the Hon'ble the Chief Justice, as sole arbitrator. It is hereby so done and the arbitration request is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/150709