Sebastian George v. Kerala Chamber Of Commerce & Industry
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 22ND DAY OF JUNE 2015/1ST ASHADHA, 1937 AR.No. 60 of 2014 () --------------------- PETITIONER:
---------------------- SEBASTIAN GEORGE, S/O M.J VARKEY, MATTATHIL HOUSE, PALA - 686 575.
BY SRI.K.ANAND,SENIOR ADVOCATE ADV.SMT.LATHA KRISHNAN RESPONDENTS:
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1. KERALA CHAMBER OF COMMERCE & INDUSTRY CHAMBER CORNER, SHANMUGHAM ROAD, KOCHI - 31, REPRESENTED BY K.N.MARZOOK, S/O C.K. KASMI, RESIDING AT FLORA, PHED SIDE ROAD, JANATHA, PALARIVATTOM, KOCHI - 25.
2. CHERUPUSHPAM FILMS PVT. LTD., CHERUPUSHPAM BUILDING, MARINE DRIVE, KOCHI - 31, REPRESENTED BY ITS MANAGING DIRECTOR K.J. JOSEPH, S/O LATE JOSEPH, KAKKATIL HOUSE, VALLICHIRAKKARA, PULIYANNOOR, PALA - 686 575 R1 BY ADV. SRI.TOM K.THOMAS R2 BY ADVS. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 22-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
AR.No. 60 of 2014 APPENDIX PETITIONER'S ANNEXURES:
ANNEX A1 COPY OF THE AGREEMENT DATED 7/3/2009 ANNEX A2 COPY OF THE RECEIPT DATED 07/04/2009 ANNEX A3 COPY OF THE LETTER DATED 27/8/2009 ANNEX A4 COPY OF THE LETTER DATED 19/7/2010 ANNEX A5 COPY OF THE NOTICE DATED 3/10/2013 ANNEX A6 COPY OF THE LETTER DATED 29/5/2014 ANNEX A7 COPY OF THE LETTER DATED 5/6/2014.
RESPONDENT'S ANNEXURES:
NIL /TRUE COPY/ P.A.TO JUDGE sts
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Arbitration Request No.60 of 2014 ````````````````````````````````````````````````````````````` Dated this the 22nd day of June, 2015
O R D E R
~ ~ ~ ~ ~ ~ This is an arbitration request based on agreement dated 07.03.2009 entered into between the parties. Even though the petitioner has requested repeatedly for having recourse to the provisions of the Arbitration and Conciliation Act, 1996, by appointing an Arbitrator, the 1st respondent has not turned up. AnnexureA6 is the request. 2.
It seems that the petitioner has entered into the agreement with the respondents for the purchase of apartment No.4 on the 13th floor of the proposed building namely, Kerala Trade Centre, including the space for one car parking area and also the undivided share of the property in which the building is situated for a total consideration of ₹69 lakhs. The petitioner has paid an
AR.60/2014 : 2 :
amount of ₹10 lakhs as the first instalment and an amount of ₹5 lakhs as the next instalment. The respondents have failed to perform their part of the contract and the building has not been given. Therefore, the petitioner has demanded the amount back with interest, which evoked no response at all.
3.
Clause 17 of Annexure-A1 agreement contains the necessary arbitration clause, enabling the appointment of an Arbitrator. There is a subsisting dispute which has to be referred for arbitration.
In the result, this Arbitration Request is allowed and Sri.D.Sree Vallabhan, Retired District Judge, is appointed as the Arbitrator in the matter.
Sd/- (B.KEMAL PASHA, JUDGE) aks/22/06 // True Copy // PA to Judge