AR No. 31 of 2012 · Kerala High Court

ANTONY DOMINIC, J. ================A.R. NO. 31 OF 2012===================Dated this the 25th day of July, 2012

O R D E RThis is an application made under Section 11(6) of the Arbitration and Conciliation Act. According to the applicant, Annexure A1 is the agreement and Clause 15.1 provides for resolution of disputes by way of arbitration as per the Arbitrationand Conciliation Act, 1996. It is submitted that there arose certain disputes between the applicant and the respondent and Annexures A2 and A3 notices were issued. Thereafter, AnnexureA4 suit was filed before the Munsiff's Court, Kochi which was rejected by that court as per Annexures A5 and A6 orders holding that the remedy of the applicant is under the Arbitration and Conciliation Act. It is thereupon this application has been filed. 2. Section 11(6) of the Arbitration and Conciliation Actenables the applicant to approach this Court for the appointment of an Arbitrator in the event there is a failure of the agreed procedure for arbitration. That agreed procedure of arbitration is contained in Clause 15.1 of Annexure A1 agreement. AnnexuresA2 and A3 are the notices issued. These notices do not contain a AR No.31/12:2 :demand either for appointment of arbitrator or for agreeing to an Arbitrator suggested by the applicant. In other words, these documents produced along with the application do not disclose acase of failure of the agreed procedure of arbitration justifying an order by this Court under Section 11(6) of the Act. Therefore, this application is closed leaving it open to the applicant to move this Court afresh, if there is need for the same.ANTONY DOMINIC, JUDGERp