AR No. 13 of 2008 · Kerala High Court

-2-to carry out any work that may be necessary without compensation tothe contractor. According to the applicant he is entitled forcompensation since damages have been sustained by him due to actsof the respondents. Noticing that nothing has been forthcoming theapplicant on 30-6-2007 sent a letter requesting for appointment of anarbitrator and Annexure V is copy of that letter. There was nofavourable response to Annexure V and hence the arbitration request. No counter affidavit has been filed on behalf of the respondents. 2. I have heard the submissions of Sri. Kaleeswaram Raj, learnedcounsel for the applicant and those of Sri.S.Krishnamoorthy, learnedstanding counsel for the Union Government. Having considered therival submissions of counsel on either side I am not prepared to saythat the contention of the respondents that the applicant's claim ishighly belated and barred by principles of waiver and estoppel istotally without merit.

In my opinion whether the claims of theapplicant are barred due to any legal principle itself can be made anissue for arbitration and settled by the arbitrator. I am not impressedby the contention that the arbitration request is not maintainablebecause in the demand for arbitration the applicant had not stipulatedthe period of thirty days for appointment of arbitrator by the secondrespondent. All the legal contentions and the contentions on meritsraised by respondents can be raised by them before the arbitrator in -3-which case the contentions will be enquired into and settled by thearbitrator. Both sides agree that a retired District Judge can beappointed as arbitrator. There is no objection to the appointment of Sri.P.Gopakumaran Nair, Advocate, Retired District Judge, Kamalalayam, 5th Lane, Opp. Kaloor – Elamkulam Road, Ernakulam asthe arbitrator. Hence allowing the arbitration requestSri.P.Gopakumaran Nair, Retired District Judge is appointed asarbitrator for resolving all the disputes between the parties.

Thearbitrator will invite pleadings and the respondents are permitted toraise all the contentions they have raised before this court regardingthe maintainability of the claim for arbitration before the arbitrator. Arbitrator will enquire into all the contentions and address them whilepassing the award. The arbitrator will enter on reference at hisearliest and will pass award in accordance with law as expeditiously aspossible. (PIUS C.KURIAKOSE, JUDGE)ksv/-