IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 AR.No. 41 of 2007(Y) -------------------- PETITIONER -------------- DR.ARAVINDAKSHAN, S/O.LATE BALAKRISHNA KURUP, AGED 41 YEARS, MANAGING PARTNER, M/S.VAISHNAVI & SREE MATHA CREATIONS, 'VRINDAVAN', NEAR PUBLIC LIBRARY, VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: ------------- M/S.AMRITA ENTERPRISES (P) LTD., (AMRITA TV), CORPORATE OFFICE, TC-15/1069, GANDHI NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Arbitration Request 41/2007-E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 14th day of March, 2008 O R D E R No counter affidavit has been filed. The averments in the arbitration request stand established by non-traverse. Clause 14 of Annexure B is a valid arbitration clause for settlement of disputes between the parties by arbitration. Annexure C and G claim notices have been issued. In Annexure G, the applicant has suggested the names of four retired Judges of this Court for appointment as Arbitrator. There has been no response to Annexure G. 2. Having regard to the uncontroverted averments in the arbitration request, the various annexures produced along with it and the submissions addressed by the learned counsel Sri.Parthasarathy for the petitioner and Sri.K.Manoj Chandran for the respondent, I am of the view that the statutory procedure for appointment of Arbitrators by the Hon'ble the Chief Justice of this Court has been properly invoked. The arbitration request, Arbitration Request 41/2007-E -: 2 :- therefore, will stand allowed. Justice K.John Mathew, a retired Judge of this Court, known for his integrity is appointed as Arbitrator for settling all the disputes between the parties which have been set forth in claim notices Anexures C and G. It is open to the respondent to file counter claims, if any, before the Arbitrator. If counter claims are raised, the Arbitrator will settle the disputes relating to the counter claims also. The Arbitrator will conduct sittings at Thiruvananthapuram. The Arbitrator will enter all reference and pass award at his earliest. If both sides are agreeable, the Arbitrator can conduct sittings at Ernakulam also. PIUS C.KURIAKOSE, Judge ms