T.V.Kunjikrishnan v. P.M.Jawahar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 AR.No. 27 of 2014 () --------------------- APPLICANTS:

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1. T.V. KUNJIKRISHNAN, AGED 89 YEARS, S/O VELUTHAKUNJU, "KULIRMA", KANNAMPALLY BHAGOM, KAYAMKULAM, ALAPPUZHA - 690 502, MANAGING PARTNER, M/S.T.V.K CONSTRUCTIONS, KARUNAGAPPALLY.

2. M/S. T.V.K. CONSTRUCTIONS, MOONUTHENGIL BUILDING, PADA-SOUTH, KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER T.V.KUNJIKRISHNAN.

BY ADV. SRI.MATHEW KURIAKOSE.

OPPOSITE PARTY:

-------------------------- P.M. JAWAHAR, AGED 65 YEARS, S/O MADHAVAN, PROPRIETOR, M/S.JAWAHAR MARITIME CORPORATION, 19/120, PULLARKAT, N. PARAVOOR, ERNAKULAM DISTRICT.

BY SRI.GRASHIOUS KURIAKOSE, SENIOR ADVOCATE.

ADV. SRI.V.V.NANDAGOPAL NAMBIAR.

THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

AR.No. 27 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 COPY OF THE AGREEMENT DATED 17/05/2012 EXECUTED BETWEEN THE 1ST APPLICANT AND THE OPPOSITE PARTY. ANNEXURE 2 COPY OF THE REGISTERED NOTICE DATED 21/11/2013 ISSUED BY THE SECOND APPLICANT TO THE OPPOSITE PARTY.

ANNEXURE 3 COPY OF THE LAWYER'S NOTICE DATED 06/01/2014 ISSUED BY THE COUNSEL FOR THE OPPOSITE PARTY TO THE APPLICANTS AND OTHERS.

ANNEXURE 4 COPY OF THE REPLY NOTICE DATED 28/01/2014 ISSUED AT THE INSTANCE OF THE APPLICANTS AND OTHERS TO THE COUNSEL FOR THE OPPOSITE PARTY.

ANNEXURE 5 COPY OF THE NOTICE DATED 12/03/2014 ISSUED AT THE INSTANCE OF THE APPLICANTS TO THE OPPOSITE PARTY. ANNEXURE 6 COPY OF THE REPLY NOTICE DATED 25/03/2014 ISSUED BY THE COUNSEL FOR THE OPPOSITE PARTY TO THE COUNSEL FOR THE APPLICANTS.

ANNEXURE 7 COPY OF THE NOTICE DATED 22/03/2014 ISSUED BY ADV. SHRI BORIS PAUL T THE APPLICANTS.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B.KEMAL PASHA, J.

==================== A.R.No.27 of 2014 ===================== Dated this the 29th day of July, 2015

O R D E R

In the arbitration request, consensus has been arrived at between the petitioners and the counter petitioner for the appointment of an Arbitrator. It seems that a subsisting dispute is there, which has to be referred for arbitration in view of the arbitration clause in the agreement. In the result, Sri.D. Pappachan, District Judge (Retired), H.No.32/1603, YMCA Road, Palarivattom P.O., Kochi-682 025 is appointed as the Arbitrator. This Arbitration Request is disposed of as above. Sd/- B.KEMAL PASHA JUDGE DSV/29/7/15