K.J.PRAKASH versus ASIANET SATELLITE COMMUNICATIONS (P)

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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K.J.PRAKASH v. ASIANET SATELLITE COMMUNICATIONS (P) - AR No. 8 of 2007 [2007] RD-KL 12476 (9 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

AR No. 8 of 2007()

1. K.J.PRAKASH,
... Petitioner

Vs

1. ASIANET SATELLITE COMMUNICATIONS (P)
... Respondent

For Petitioner :SRI.K.JAJU BABU

For Respondent :SRI.V.GIRI

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :09/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

.......................................................... ARBITRATION REQUEST No.8 OF 2007 ...........................................................

DATED THIS THE 9th JULY, 2007

O R D E R

This request under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner, a cable TV operator who had entered into a franchisee agreement with the respondent M/s.Asianet Satellite Communications (P) Ltd., for the appointment of an arbitrator for settling the disputes which have arisen between the parties over the franchisee agreement which is produced as Annexure-A. Clause 21 of Annexure-A contains arbitration clause. Annexure-B is the claim notice dated 7.7.2005 which was sent to the respondent on behalf of the petitioner claiming Rs.14,66,750/-. Thereafter, Annexure-C notice dated 8.8.2005 invoking the arbitration clause by naming five persons as arbitrators was sent. Averring that the respondent has not chosen to nominate any arbitrator in accordance with Annexure-A agreement and that the respondent has not agreed to the names suggested by the petitioner, the present request is filed.

2. No counter-statement has been filed by the respondent so far. A case is made out for invocation of the appointment procedure envisaged by Section 11 of the Arbitration and Conciliation Act. The  AR.N0.8/07 Arbitration Request will stand allowed. Sri.Somachoodan Nair, Retired District Judge, Near St.Martin's Church, Palarivattom, Kochi-25 is appointed as arbitrator to settle the disputes between the parties covered by Annexure-C claim notice and which are subject-matter of the Arbitration Request. The Arbitrator will enter on reference at his earliest and pass award.

(PIUS C.KURIAKOSE, JUDGE)

tgl  AR.N0.8/07  AR.N0.8/07 

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