SELVARAJAN N Vs. PURAVANKARA PROJECTS LIMITED

JUDGEMENT

(1.) THOUGH the Arbitration Request was being adjourned from 21.2.2011 onwards for filing objections, the respondents have not filed any objections.

(2.) THE case of the petitioner is the following: THE petitioner entered into Annexure A1 agreement dated 30.12.2008 with the first respondent for construction of a flat for the petitioner. THE petitioner and the first respondent, on the same date, entered into Annexure A2 agreement for sale of the undivided right in favour of the petitioner on certain terms and conditions. Disputes arose between the parties. As per Annexure A3 letter dated 21.11.2009 issued by the first respondent, a sum of `8,18,535/- out of the total payment of `20,75,135/- made by the petitioner to the first respondent was forfeited by the first respondent. It was mentioned in Annexure A3 that after such forfeiture and adjustment of liquidated damages, an amount of `10,87,937/- would be due to be paid to the petitioner. THE learned counsel for the petitioner Arbitration Request NO.52 of 2010 submitted that even the sum of `10,87,937/- was not paid to the petitioner. According to the first respondent, as revealed in Annexure A3 letter, a sum of `20,75,135/- was paid towards the total sum of `54,56,900/- to be paid to the first respondent. According to the first respondent, there was default on the part of the petitioner as stated in Annexure A3 letter. According to the petitioner, the default occurred due to the default on the part of the first respondent.

(3.) IN view of the arbitration clause contained in Annexures A1 and A2 agreements and since disputes arose between the parties in relation to the subject matter of the agreements, it is necessary to resolve the disputes by appointing an arbitrator. The petitioner has suggested the name of Sri.K.Ramachandran as Arbitrator, in Annexure A5 notice. There was no reply to the said notice. IN the facts and circumstances, the Arbitration Request is allowed. Advocate Sri.K.Ramachandran (Retired District Judge), "Govind", Neduvelil Lane, Ravipuram Road, Ernakulam, is appointed as the Arbitrator. The Arbitrator is free to fix the arbitration fee.