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2025 Supreme(Online)(KER) 7837

HIGH COURT OF KERALA
SYAM KUMAR V.M., J
M/S ASHIRVAD TRADERS – Appellant
Versus
FACT LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: R.PADMARAJ, JOMY GEORGE, SAJEEVAN V.T., DEEPAK MOHAN, R.AJITH KUMAR, ARJUN S. PRAKASH, ANAND SASIDHARAN
For the Respondents: M.GOPIKRISHNAN NAMBIAR, SC

Table of Content
1. details on the arbitration request and parties involved. (Para 1 , 2 , 3 , 4)
2. arguments presented by both parties regarding the need for an arbitrator. (Para 5 , 6 , 7)
3. court's analysis on arbitration agreement requirements. (Para 8)
4. final order appointing arbitrator. (Para 9)

O R D E R

Dated this the 13th day of January, 2025 This Arbitration Request is filed by the petitioner, a proprietary concern represented by its proprietor. It invokes Section 11 of the Arbitration and Conciliation Act, 1996 (Hereinafter referred to as “the Act”), and seeks to appoint an Arbitrator to resolve the disputes between the petitioner and the respondent.

2. The petitioner entered into a Dealer Agreement dated

19.08.2021 (Annexure A1) with the respondent, which is a Public Limited Company. The said agreement contained an arbitration clause which stipulates that disputes, if any, between the parties arising under the said agreement would be resolved by taking recourse to arbitration proceedings. It is further stated that the parties shall submit such disputes to arbitration under the ICADR (International Centre for Alternative Dispute Resolution) Arbitration Rules, 1996’. As per

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