M. Ramakrishnan v. M/S Hoysala Projects (P) Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 AR.No. 75 of 2014 ------------------------- PETITIONER(S):

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1. M. RAMAKRISHNAN, L-22, DEW BUILDING, ARIHANT ESCAPADE THORAIPAKKAM, CHENNAI-600 097, INDIA.

2. MRS. JAYASHREE RAMAKRISHNAN L-22, DEW BUILDING, ARIHANT ESCAPADE THORAIPAKKAM, CHENNAI-600 097, INDIA.

BY ADV. SRI.T.R.RAJAN RESPONDENT(S):

------------------------- M/S. HOYSALA PROJECTS (P) LTD 104, GROUND FLOOR, INFANTRY TECHNO PARK INFANTRY ROAD, BANGALORE REPRESENTED BY ITS MANAGING DIRECTOR, PIN.560 001. BY ADV. SRI.ABRAHAM P.GEORGE THIS ARBITRATION REQUEST HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

AR.No. 75 of 2014 ------------------------- APPENDIX PETITIONERS' ANNNEXURES ----------------------------------------- A1:

TRUE COPY OF THE AGREEMENT OF SALE DATED 16/8/12 EXECUTED BETWEEN THE APPLICATS AND THE RESPONDENT A2:

TRUE COPY OF THE NOTICE/REQUEST DATED 8/10/14 OF THE COUNSEL FOR THE APPLICANTS TO THE RESPONDENT A3:

TRUE COPY OF THE COMMUNICATION DATED 15/11/14 OF THE COUNSEL FOR THE RESPONDENT TO THE COUNSEL FOR THE APPLICANTS. RESPONDENTS' ANNEXURES ------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Arbitration Request No.75 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2015

O R D E R

Mr. Justice S.S. Satheesachandran (Rtd.), who was appointed as the Arbitrator has requested this Court by letter dated 11.03.2015 that he may be exempted from functioning as the Arbitrator.

In the light of the said letter, his request is accepted and he is exempted from the arbitration proceedings. ....................................................... is appointed as Arbitrator on the same terms and conditions.

P.BHAVADASAN JUDGE ds

-2P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Arbitration Request No.75 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2015

O R D E R

Suffice to say that in relation to Annexure A1, agreement, dispute arose between the parties and the petitioner, by Annexure A2, sought resolution of the dispute by appointment of an Arbitrator. When no response was received, the petitioner moved this Court under Section 11 of the Arbitration and Conciliation Act, 1996. 2.

The respondent has entered appearance and filed a counter. A reading of the counter only fortifies that there is a dispute between the parties which needs to be resolved. Going by clause 16 of Annexure A1 agreement, if any dispute arises between the developers and purchasers, thus such dispute shall be resolved by resorting to arbitration. The requisite notice calling upon respondent is Annexure A2. 3.

After having heard the learned counsel on both

-3sides, this Court is satisfied that the dispute is still alive and the matter needs to be resolved through arbitration. In the result, this petition is allowed as follows: i) Mr. Justice S.S. Satheesachandran (Rtd.) is appointed as Arbitrator.

ii) The remuneration of the Arbitrator will be fixed by the Arbitrator in consultation with both parties.

iii) Award shall be passed within a period of six months from the date of entering into arbitration.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge

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