Kerala High Court
M. Ramakrishnan vs M/S. Hoysala Projects (P) Ltd
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936
AR.No. 75 of 2014
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PETITIONER(S):
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1. M. RAMAKRISHNAN,
L-22, DEW BUILDING, ARIHANT ESCAPADE
THORAIPAKKAM, CHENNAI-600 097, INDIA.
2. MRS. JAYASHREE RAMAKRISHNAN
L-22, DEW BUILDING, ARIHANT ESCAPADE
THORAIPAKKAM, CHENNAI-600 097, INDIA.
BY ADV. SRI.T.R.RAJAN
RESPONDENT(S):
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M/S. HOYSALA PROJECTS (P) LTD
104, GROUND FLOOR, INFANTRY TECHNO PARK
INFANTRY ROAD, BANGALORE
REPRESENTED BY ITS MANAGING DIRECTOR, PIN.560 001.
BY ADV. SRI.ABRAHAM P.GEORGE
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD
ON 26-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
AR.No. 75 of 2014
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APPENDIX
PETITIONERS' ANNNEXURES
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A1: TRUE COPY OF THE AGREEMENT OF SALE DATED 16/8/12 EXECUTED
BETWEEN THE APPLICATS AND THE RESPONDENT
A2: TRUE COPY OF THE NOTICE/REQUEST DATED 8/10/14 OF THE COUNSEL FOR
THE APPLICANTS TO THE RESPONDENT
A3: TRUE COPY OF THE COMMUNICATION DATED 15/11/14 OF THE COUNSEL FOR
THE RESPONDENT TO THE COUNSEL FOR THE APPLICANTS.
RESPONDENTS' ANNEXURES
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
P.BHAVADASAN, J.
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Arbitration Request No.75 of 2014
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Dated this the 27th day of March, 2015
O R D E R
Mr. Justice S.S. Satheesachandran (Rtd.), who was
appointed as the Arbitrator has requested this Court by
letter dated 11.03.2015 that he may be exempted from
functioning as the Arbitrator.
In the light of the said letter, his request is accepted
and he is exempted from the arbitration proceedings.
....................................................... is appointed as
Arbitrator on the same terms and conditions.
P.BHAVADASAN
JUDGE
ds
A.R. No.75 of 2014
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P.BHAVADASAN, J.
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Arbitration Request No.75 of 2014
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Dated this the 26th day of February, 2015
O R D E R
Suffice to say that in relation to Annexure A1, agreement, dispute arose between the parties and the petitioner, by Annexure A2, sought resolution of the dispute by appointment of an Arbitrator. When no response was received, the petitioner moved this Court under Section 11 of the Arbitration and Conciliation Act, 1996.
2. The respondent has entered appearance and filed a counter. A reading of the counter only fortifies that there is a dispute between the parties which needs to be resolved. Going by clause 16 of Annexure A1 agreement, if any dispute arises between the developers and purchasers, thus such dispute shall be resolved by resorting to arbitration. The requisite notice calling upon respondent is Annexure A2.
3. After having heard the learned counsel on both A.R. No.75 of 2014 -3- sides, this Court is satisfied that the dispute is still alive and the matter needs to be resolved through arbitration.
In the result, this petition is allowed as follows:
i) Mr. Justice S.S. Satheesachandran (Rtd.) is appointed as Arbitrator.
ii) The remuneration of the Arbitrator will be fixed by the Arbitrator in consultation with both parties.
iii) Award shall be passed within a period of six months from the date of entering into arbitration.
Sd/-
P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge A.R. No.75 of 2014 -4-