ORDER

Petitioner is a Limited Company carrying on the business of financial assistance. First respondent obtained financial assistance from the petitioner – Company and the second respondent is a co- borrower. Annexure A2 is a document dated 08.02.2022 signed by the respondents which contains an arbitration clause. Though it is in the form of an agreement, it is not signed by any representative of the petitioner.

2. Respondents committed default in repayment. According to the petitioner, they have made several efforts to persuade the respondents to discharge the liability. On failure of the respondents to pay the amounts, arbitration clause was invoked by the petitioner. An ex-parte award was passed by the Arbitrator on 02.05.2023. Petitioner initiated execution proceedings before the District Court, Thrissur, by filing E.P.No.552 of 2023. Execution application was dismissed by the District Court for the reason that the appointment of the Arbitrator was not in accordance with the provisions of the amended Act. Therefore, the Company approached this Court for appointment of an arbitrator.

3. Notice was issued to the respondents and service is complete in this arbitration request. Howe