IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 AR.No. 53 of 2008() ----------------------------- APPLICANT: -------------------- MATHEW JOSEPH, CHAIRMAN AND MANAGING DIRECTOR, M/S.PALM FIBRE (INDIA) PRIVATE LTD., PATHIRAPPALLY POST, ALAPPUZHA - 688 521. BY ADVS. MR.MATHEW JOHN (K), MR.AJEESH K.SASI. RESPONDENT(S): OPPOSITE PARTY: -------------------------------------------------------- THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., N.S.S.UNION BUILDINGS, CHERTHALA POST, ALAPPUZHA - 688 524. BY ADV. MR.P.V.JYOTHI PRASAD THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOTTATHIL B RADHAKRISHNAN, J ........................................... A.R.NO. 53 OF 2008 ............................................ DATED THIS THE 20TH DAY OF MARCH, 2009 ORDER The respondent is an insurer. It issued Annexure A policy to the petitioner. Disputes arose as to the quantum, if any, required to be paid on that policy on account of certain claims made by the petitioner. Clause 13 of Annexure A provides for arbitration. The parties could not agree on a sole Arbitrator. Petitioner therefore nominated an Arbitrator. The respondent also nominated an Arbitrator. Those Arbitrators are required to nominate an Umpire in terms of the aforesaid clause. That has failed owing to reasons disclosed in Annexure I. Hence this arbitration request. 2. When the matter is taken up today, learned counsel for the respondent Sri P V Jyothi Prasad submitted that the parties are unable to agree on an Umpire and therefore this court may appoint an Umpire. Both Arbitrators being Advocates, Sri K.Ramachandran, District Judge (Retired) is appointed as the AR 53/200 2 Umpire. The request is answered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/23/3