IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
CLEAR CREDITS AND INVESTMENT PRIVATE LIMITED – Appellant
Versus
THOBY C. A – Respondent
ORDER
1. This is an application filed under Section 11 of the Arbitration and Conciliation Act , 1996, for appointing an Arbitrator.
2. Even though notice was ordered to the respondents, there is no appearance for them.
3. I heard the learned counsel for the petitioner, Sri. Sabu George. 4. The petitioner seeks to invoke the arbitration clause in the Annexure-A Agreement. Earlier, the petitioner had appointed a sole arbitrator unilaterally to resolve the disputes between the petitioner and the respondents, and the said Arbitrator had rendered Annexure-C Award. Now the contention of the petitioner is that the said Award has become nullity on account of the unilateral appointment of the Arbitrator in view of the decision of this Court in M/s. Hedge Finance Pvt. Ltd v. Bijish Joseph [2022 (4) KLT OnLine 1098]. It is seen that the said unilateral appointment was made after issuing the Annexure-B notice. In view of the nullity of the Annexure-C Award passed by the Arbitrator appointed by the petitioner, this application is liable to be allowed.
5. Accordingly, this Arbitration Request is allowed and it is ordered as follows:
1. Sri. T.P. Saju, Advocate, Nambanath Swathi Building, Ayyantho
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