IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 AR.No. 18 of 2008() ------------------- APPLICANT: ---------------------------- M/S. SHENOY CINEMAX, SHENOY CHAMBERS, SHANMUGHAM ROAD, ERNAKULAM, REPRESENTED BY ITS PARTNER SRI.A.S.SURESH SHENOY, AGED 48, SON OF SREENIVASA SHENOY, ERNAKULAM. BY ADV. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS RESPONDENT(S): OPPOSITE PARTIES: -------------------------------- 1. M/S. SOUPARNIKA ARTS, PRODUCERS & DISTRIBUTORS OF MOTION PICTURES, MANJOORAN, 41/811, KUTTAN LANE, PULLEPPADY CROSS ROAD, COCHIN-682 011. 2. M. JAYASHANKAR, SON OF NARAYANANKUTTY MENON, 'PARVATHY', T.D. ROAD, ERNAKULAM, KOCHI-682 011. 3. V.M. NOUSHAD, SON OF LATE A.B.MOHAMMED, A.B.MANZIL, C.P. UMMER ROAD, ERNAKULAM, KOCHI-682 035. 4. A.U. SABUDDIN, SON OF A.K.YOUSUFF, ANJIKKAPADATHU HOUSE, C.P.UMMER ROAD, ERNAKULAM, KOCHI-682 035. ADV. SRI.PHILIP T.VARGHESE FOR R2 TO 4 SRI.THOMAS T.VARGHESE FOR R2 TO 4 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ A.R.No. 18 OF 2008 ------------------------ Dated this the 17th of October , 2008 O R D E R No counter has been filed so far. Clause 14 of the Annexure-A agreement is a valid arbitration clause. I do not find any reason as to why this application should not be allowed. Sri.Philip T.Varghese, the learned counsel for the respondents, submits that considering the present financial position of the respondents, the respondents are submitting a panel containing names of retired District Judges to be considered for appointment as arbitrator. But, I find that the total stakes involved would be around Rupees One Crore and according to me it will be ideal to have the case decided by a retired Judge of this court known for his learning and integrity. Accordingly, I appoint Justice K.John Mathew, retired Judge of this High Court as arbitrator for settling the various disputes which have arisen between the parties over Annexure-A agreement. I am sure that the Hon'ble Arbitrator will be A.R..No.18/2008 2 reasonable while stipulating his remuneration. The remuneration payable to the arbitrator will be shared between the parties. The Arbitrator will enter on reference at his earliest and make and publish his award without undue delay. Since both the parties are from Ernakulam, the arbitrator will hold sittings at Ernakulam. (PIUS.C.KURIAKOSE,JUDGE) dpk