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2024 Supreme(Online)(KER) 56832

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


Advocates:
For the Appellants/Petitioners: R.PADMARAJ, JOMY GEORGE, SAJEEVAN V.T., R.AJITH KUMAR, DEEPAK MOHAN, ARJUN S. PRAKASH, ANAND SASIDHARAN
For the Respondents: LATHA ANAND, M.N.RADHAKRISHNA MENON, K.R.PRAMOTH KUMAR, S.VISHNU, SIDHARTH P.S.

Table of Content
1. arbitration agreement invoked for dispute resolution. (Para 1 , 2 , 3)
2. court acknowledges consensus on dispute arbitration. (Para 4 , 5)
3. appointment of arbitrator ordered by court. (Para 6 , 7)

ORDER

Dated this the 13th day of December, 2024 This Arbitration Request is filed by the petitioner, invoking Section 11 of the Arbitration and Conciliation Act , 1996, seeking to appoint an Arbitrator to resolve the disputes between them and the respondent. 2. The petitioner entered into a ‘Renewal of Dealer Agreement’

dated 11.08.2008 (Annexure A2) with the respondent, which is a Public Limited Company. The said agreement contained an arbitration clause whereby 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 as envisaged in the Rules evolved by the ‘International Centre for Alternative Dispute Resolution’. The place of arbitration proceedings was agreed to as Ernakulam, Kerala.

3. Subsequently, disputes arose between the parties. The petitioner issued Annexure A3 lawyer notice dated 28.08.2024 to the re

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