PARVEZ SHEIKH PROPRIETOR Vs. FUSUN INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) Annexure-A1 agreement was entered into between the petitioner and the respondent regarding hiring of JCB Excavator. There has arisen disputes between the parties. Annexure-A1 agreement contains arbitration clause providing for resolution of disputes by arbitration. However, the parties were not able to arrive at a consensus regarding the appointment of Arbitrator. It is accordingly that the petitioner has approached this Court.

(2.) Heard learned counsel Sri.H.Ramanan, on behalf of the petitioner and Sri.Liji J. Vadakedom, learned counsel for the respondent.

(3.) The existence of an arbitration clause in Annexure-A1 agreement is not disputed. Clause-13 in Annexure-A1 is the relevant provision and it reads thus :- 'In case of any disputes, it should be resolved through mutual discussion project officers of M/s Parvez Transport and FIPL. If any points of dispute remain unresolved, they shall be referred to the arbitral tribunal consisting of 3 arbitrators one each to be appointed by and FIPL. 3rd arbitrator has to be appointed by both M/s Parvez Transport and FIPLL on mutual consent. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996. All disputes arising shall be subjected to the jurisdiction of civil courts of Ernakulam.'