M/S. Apollo Health And Lifestyle Limited v. Dr. V. Kunhahamed Kutty

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE Arbitration Application No.62 of 2015 Dt:31.12.2015 Between:

M/s. Appolo Health and Lifestyle Limited.

... Applicant And Dr.V.Kunhahamed Kutty.

... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE Arbitration Application No.62 of 2015 PC:

Heard learned counsel for the parties.

Mr.L.V.S.Nagaraju, learned counsel for the respondent, at the outset, submits that the respondent has no objection for appointing Sri T.Sarath, Advocate practising in this Court as an Arbitrator for resolving the dispute between the applicant and the respondent. Clause 17.1 of the agreement, dated 23.05.2007, provides appointment of two Arbitrators, one to be appointed by each party and two Arbitrators to appoint the third Arbitrator, who shall act as Presiding Arbitrator. Despite this clause, learned counsel for the parties state that the parties have agreed for reference to the sole Arbitrator, Sri T.Sarath, Advocate practising in this Court. Mr.T.Sarath is accordingly appointed as sole Arbitrator by consent of the parties. Learned Arbitrator shall fix his remuneration upon deliberation and consultation with the parties.

The costs and expenses of the secretarial assistance of the arbitration proceedings shall also be determined by the learned Arbitrator. Each party will bear the expenses of the arbitration proceedings in all respects in equal share.

of six months from the date of entering upon reference. The Arbitrator shall as far as possible hold arbitration meetings in the arbitration centre in the High Court premises, 'C' Block. The Arbitration Application is accordingly disposed of. _________________________ DILIP B. BHOSALE, ACJ Dt:31.12.2015 kdl