As per the business transaction covered by Annexure A1 document, the applicant, who is the 2nd party has to supply the materials to the third party to be consigned abroad for the business purpose of the first party at Dubai. Suffice to say, disputes arose between the parties since, according to the applicant, the cheques issued by the first party were dishonoured for want of funds. Inspite of raising dispute and calling upon the person concerned to make the payment, there was no response and that made the applicant to move this Court under Section 11 of the Arbitration and Conciliation Act. The applicant had also moved the District Court concerned under Section 9 of the Arbitration and Conciliation Act for interim relief.
AR. 64/2013.
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2. Notice was served on the opposite parties. Even though they accepted notice, none of them cared to appear before this Court and oppose the Arbitration Request.
3. Annexure A1 agreement contains a clause which reads as follows:
“F. In the event of any dispute between the first and second parties arising out of the transaction as per this agreement an arbitrator may be appointed for adjudication and a panel consisting of three names of arbitrators may be suggested, by either parties and anyone person from the panel may be appointed as arbitrator and fees for arbitrator shall be shared and paid by both parties.”
It follows that the matter has to be referred for arbitration in the event of any dispute between the first and second parties.
In the result, this Arbitration Request is disposed of as follows:
AR. 64/2013.
3 The parties are referred for arbitration under Section 11 of the Arbitration and Conciliation Act. Shri. Paul Simon, Flat No.X/132, EMS Nagar, Pattoor, Vanchiyoor P.O., Trivandum - 695 035 is appointed as Arbitrator. The Arbitrator shall fix the remuneration in consultation with the parties. The Arbitrator shall pass the award within six months from the date of entering on arbitration proceedings.
P. BHAVADASAN, JUDGE sb.