IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 AR.No. 24 of 2008() ------------------- APPLICANTS: -------------------- 1. V.UMESH KAMATH,S/O.LATE A.N.VENKETESWARA KAMATH, 40/5150, T.D.ROAD, NORTH END, ERNAKULAM, KOCHI 682 035. 2. V.MAHESH KAMATH, S/O.LATE A.N.VENKETESWARA KAMATH, 40/5150, T.D.ROAD, NORTH END, ERNAKULAM, KOCHI 682 035. BY ADV. SRI.S.R.DAYANANDA PRABHU RESPONDENT(S): --------------- 1. M/S.HINDUSTAN HARDWARE STORES SANDHYA BUILDING, FLOWER JN., JEWS STREET, ERNAKULAM. 2. MR.A.N.GOVINDA KAMATH, MANAGING PARTNER, M/S.HINDUSTAN HARDWARE STORES, SANDHYA BUILDING FLOWER JN., JEWS STREET, ERNAKULAM. 3. MR.SURESH.G.KAMATH, S/O.SHRI.A.N.GOVINDA KAMATH, PARTNER, M/S.HINDUSTAN HARDWARE STORES, SANDHYA BUILDING FLOWER JN., JEWS STREET, ERNAKULAM. ADV. SRI.LITTO VARGHESE PALATHINKAL FOR R1-3 SRI.P.R.JAYAKRISHNAN FOR R1-3 THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ A.R.No.24 of 2008 ------------------------ Dated this the24th day of October, 2008 O R D E R The mediators Dr..S.Sachithananda Kamath and Sri.G.Gopala Shenoy have filed affidavits. It is seen from those affidavits that though the mediators were optimistic, ultimately it has turned out that their mediation did not become successful. Under the above circumstances, I do not find any reason as to why this arbitration request should not be allowed and an independent and impartial arbitrator should be appointed. There is a valid arbitration agreement between the parties and the same has been duly invoked also. I suggested the name of Advocate George Varghese Manacherickal, who was present in this court today, to counsel on both sides. Both of them agreed that Sri.George Varghese Manacherickal can be appointed. 2. Under the above circumstances, I allow this Arbitration Request and appoint Sri.George Varghese Manacherickal, Advocate of this court as arbitrator to settle all the disputes A.R..No.24/2008 2 between the parties, which are subject matter of this Arbitration Request and Annexure C. The arbitrator will enter on reference and make and publish his award without undue delay. It is needless to mention that arbitrator will invite claims and counter claims from the parties and terms of reference should be fixed on the basis of such claims and counter claims. The arbitrator should be reasonable while fixing his terms as to remuneration. (PIUS.C.KURIAKOSE,JUDGE) dpk