N.C.Vijayakumar v. Reliance Infratel Limited

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. 53 of 2014 --------------------- PETITIONER:

------------------- N.C.VIJAYAKUMAR, S/O NARAYANA PILLAI, RESIDING AT SABARI, SOORANADU NORTH PO, KOLLAM - 690 561.

BY ADVS.SRI.K.JAGADEESH SMT.V.RENJU RESPONDENT:

---------------------- RELIANCE INFRATEL LIMITED, REGISTERED OFFICE AT DHIRUBHAI AMBANI KNOWLEDGE CITY, NAVI MUMBAI - 400 710 AND HAVING LOCAL OFFICE AT 2ND FLOOR, VAZHAVELI BUILDING, ULLOOR ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE.

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

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AR.No. 53 of 2014 ------------------------ APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE A1 :

TRUE PHOTOCOPY OF THE LEASE AGREEMENT ENTERED INTO BY THE PETITIONER AND RESPONDENT DATED 19.12.2008.

ANNEXURE A2 :

TRUE PHOTOCOPY OF THE LAWYERS NOTICE ISSUED ON BEHALF OF THE PETITIONER, DATED 9.6.2009.

ANNEXURE A3 :

TRUE PHOTOCOPY OF THE LAWYERS NOTICE, DATED 10.10.2013.

RESPONDENTS' ANNEXURES:

NIL.

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Arbitration Request No.53 of 2014 ````````````````````````````````````````````````````````````` Dated this the 29th day of July, 2015

O R D E R

~ ~ ~ ~ ~ ~ This is an arbitration request from the petitioner in respect of a dispute that has arisen from Annexure-A1 lease agreement entered into between the parties.

2.

In spite of notice, there is no representation for the respondent. The learned counsel for the petitioner is present. Heard the learned counsel for the petitioner. 3.

On hearing the learned counsel for the petitioner, it seems that there is a subsisting dispute, which has to be referred for arbitration within the meaning of Section 7(f) of Annexure-A1 agreement. Two Arbitrators are to be appointed, one by each parties. Even though notice was caused to be issued by the petitioner to the respondent, it also evoked no response. When a suit was filed by the petitioner for the recovery of amounts, it was resisted by the

AR.53/2014 : 2 :

respondent by pointing out clause No.7(f) of the agreement. The only course open to this Court is to appoint two Arbitrators in the matter from the panel of Arbitrators being maintained by this Court.

In the result, this Arbitration Request is allowed and Advocate Sri.K.V.Sachidanandan, 604, Prasanna Vihar Apartments, A.W.H.O., Marine Drive, Ernakulam-31 and Advocate Sri.P.R.Shaji, D3 Sea View Flats, Syrian Church Road, Broadway Northend Ernakulam, Cochin-13 are appointed as the Arbitrators in the matter.

Sd/- (B.KEMAL PASHA, JUDGE) aks/29/07 // True Copy // PA to Judge