MATTAMMAL JOSEPH THOMAS Vs. RAFEEKH THEKKE KOLAYATH

JUDGEMENT

(1.) Annexure-A1 agreement was entered into between the applicants and the respondents regarding transfer of shares of the company "Labella Hospitality Pvt. Ltd." of which the applicants are the Directors. There has arisen dispute between the parties. Though the Annexure-A1 provides for resolution of disputes by way of arbitration, the parties were not able to arrive at a consensus regarding appointment of Arbitrator. It is accordingly that the Arbitration Request has been filed.

(2.) Heard learned counsel on either sides.

(3.) The existence of an arbitration clause for resolution of disputes is admitted. Though the agreement stipulates for constitution of an Arbitral Tribunal consisting of three Arbitrators, it is agreed by both sides that a sole Arbitrator could be appointed.4. Accordingly, leaving open the rival contentions of the parties on the merits, the Arbitration Request is ordered as hereunder :-