Kerala High Court
Unknown vs By Advs.Sri.K.K.John on 13 March, 2013
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 13TH DAY OF MARCH 2013/22ND PHALGUNA 1934
AR.No. 44 of 2012 ()
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APPLICANT:
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SRI. SANIL V.P
AGED 41 YEARS, S/O. LATE V.R. PARAMESWARA PANICKER
RESIDING AT VAZHAYIL HOUSE
NATTASSERI KARA/PERUMBAIKKAD VILLAGE
S.H. MOUNT P.O., KOTTAYAM - 686006.
BY ADVS.SRI.K.K.JOHN
SRI.BENNY CHERIAN
OPPOSITE PARTIES:
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1. MR. MANU VIJAYAN,
W/O. LATE VIJAYAN V.P, RESIDING AT VAZHAYIL HOUSE
S.H. MOUNT P.O., KOTTAYAM -686 006.
2. SINDHU ANIL,
W/O. LATE ANIL V.P., RESIDING AT VAZHAYIL HOUSE
S.H. MOUNT P.O., KOTTAYAM -686 006.
3. NEELU ANIL
AGED 17 YEARS, D/O. LATE ANIL V.P.
RESIDING AT VAZHAYIL HOUSE, S.H. MOUNT P.O.
KOTTAYAM -686 006. (MINOR - REPRESENTED BY MOTHER MRS. SINDHU ANIL)
4. LEKSHMI ANIL
AGED 13 YEARS, D/O. LATE ANIL V.P.
RESIDING AT VAZHAYIL HOUSE, S.H. MOUNT P.O.
KOTTAYAM -686 006. (MINOR - REPRESENTED BY MOTHER MRS. SINDHU ANIL)
5. AMBIKA KUMARI
W/O. LATE SANIL V.P. OF VAZHAYIL
NOW RESIDING AT KALATHIL KOCHUPRACKAL, KILIROOR P.O
THIRUVARPU, KOTTAYAM - 686020.
6. MASTER JAYAKRISHNAN
AGED 17 YEARS, S/O. LATE SUNIL V.P., OF VAZHAYIL
RESIDING AT KALATHIL KOCHUPRACKAL, KILIROOR P.O
THIRUVARPU
KOTTAYAM - 686020 (MINOR- REPRESENTED BY
MOTHER MRS. AMBIKA KUMARI)
(....2)
AR.No. 44 of 2012 (2)
7. KRISHNENDU
AGED 12 YEARS, D/O. LATE SUNIL V.P., OF VAZHAYIL
RESIDING AT KALATHIL KOCHUPRACKAL, KILIROOR P.O
THIRUVARPU
KOTTAYAM - 686020 (MINOR- REPRESENTED BY
MOTHER MRS. AMBIKA KUMARI)
R5 BY ADV. SRI.V.C.JAMES
R5 BY ADV. SRI.C.HARINDRAMOHAN NAIR
R1 TO 4 BY ADV. SRI.T.T.BIJU
R1 TO 4 BY ADV. SRI.SINU.G.NATH
THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 13-03-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AR.No. 44 of 2012 ()
APPENDIX
APPLICANT'S EXHIBITS:
ANNEXURE-1: COPY OF THE PARTNERSHIP DEED DT.9.8.02
ANNEXURE-2: COPY OF THE NOTICE ISSUED TO THE OPPOSITE PARTIES BY
SRI.K.K.JOHN, ADVOCATE, EKM DT.8.8.12.
ANNEXURE-3(A): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
FIRST OPPOSITE PARTY DT. NIL
ANNEXURE-3(B): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
2ND OPPOSITE PARTY DT. 11.8.12
ANNEXURE-3(C): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
3RD OPPOSITE PARTY DT. 11.8.12
ANNEXURE-3(D): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
4TH OPPOSITE PARTY DT. 11.8.12
ANNEXURE-3(E): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
5TH OPPOSITE PARTY DT. 11.8.12
ANNEXURE-3(F): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
6TH OPPOSITE PARTY DT. 11.8.12
ANNEXURE-3(G): COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE
7TH OPPOSITE PARTY DT. 11.8.12
okb.
//TRUE COPY//
P.A. TO JUDGE
ANTONY DOMINIC, J.
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Arb.Request NO. 44 OF 2012
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Dated this the 13th day of March, 2013
O R D E R
This is an application filed under Section 11(6) of the Arbitration and Conciliation Act for the appointment of an Arbitrator to resolve the disputes between the applicant on the one side and the respondents on the other.
2. Annexure 1 is a deed of partnership entered into between the parties. Clause 15 of the deed provided for resolution of disputes by arbitration. It appears that disputes arose between the parties and on behalf of the applicant, Annexure 2 notice was issued requesting for consent to appoint an arbitrator. Despite service of the notice, the respondents did not either consent to the arbitration proceedings or reply to the notice. It was in such circumstances, this application was filed.
3. Before this Court, although the respondents have entered appearance, they have neither filed any counter affidavit nor do they opposed the prayer. In such circumstances, this arbitration request is disposed of appointing Sri.James J.Muricken, District Judge (Retd.), Muricken Puthenpurayil, Muttuchira P.O, AR No.44/12 :2 : Kottayam - 686613 as the sole arbitrator to resolve the dispute between the applicant and the respondents. The arbitrator shall fix his terms, commence the proceedings and conclude the same on an expeditious basis.
Registry will communicate a copy of this order to the Arbitrator for further action.
Sd/-
ANTONY DOMINIC, JUDGE Rp