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AB 494365

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Arbitration Agreement for Reference to Three Arbitrators

Tlfrs Agreement is made on

the

12rh day

ofAugust, 2013.

b&r""n
5hri. Shaffi Mather, son of shri. K M I Mather, aged 43, residing at Mather Estate, Thevakkal, Cqchin 682021 hereinafter referred lo as the First Party.
and
B

Shri. P C George, son of shri. Plathottam George, aged 62, residing at Plathottam House, P&r-rnillam Kara, Aruvithara PO, Erattupetta and currently residing at House No: 4-6, T C 9.f78, Kowdiar PO, Thiruvananthapuram hereinafler referred to as the Second Party.

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the Economic Advisor to the Hon' Whereas the First Party was serving from 21 May, 2012 as positlon was accepted on 18th July, chlef Minlster of Kerala till his reslgnation from the
2413.

AndWhereasthesecondPartyispresentlyservingasMLAfromPoonjarAssembly
with Cabinet Rank' Constituency and as the Government Chlef Whip
An.l whereas the First party submitted hls resignatlon on
14th

luly, 2013 frorn hls posjtion

as

theEconomicAdvisortothechiefMinlster,Keralacitlngthecomplaintfiledbyhisbrother andsister]n-tawtotheHon,ChiefM]nister,KeraaallegingharassmentbytheFirstParty y, 2013 by the Hon Chief Minister' Kerala' his resignation was accepted on 18ih lu
and

serious allegations against the First And Whereas the Second PartY on 1gth July,2013 made a specific aLlegatlon that the First Party in several TV Channels (News Programs) including of Kerala during his 14 month Party had drawn Rs. 73.50 Lacs as TA / DA from Governmenl tenure ln offlce.

AndWhereastheFirstPartydeniedtheal]egat]onbythesecondPartythathehaddrawn of Kera a during his 14 month tenlre in offlce Rs. 73.50 Lacs as TA / DA lrorn Government DA frorn Government of Kera a other than and announced that he had not drawn any TA / ndla _ P ane Tlcket) charges and Rs.242Aa4l towards domestic flight (Dornestic wlthin
of Kerala' dieselfuelfor the Official Car provided to hlm by the Government in TV Channels on Mathrubh!ml News And Whereas ln the course of the News Programs part es argued vehement y for each Channel, Reporter TV and Asianet News ChanneL, both other's position.
give away in donation his entlre wealth (Assets in hls And Whereas the Flrst Parly offered to or to the State of (eraLa if

organizatlon name) to the second Party or his nomlnee Charlty against the Flrst Party that he drew Rs' the Second Party proves hls specific allegation made in the course of the News Shows in TV 73.50 Lacs as TA / DA frorn Government of Kerala and Asianet News Channel on lgth Channels - Mathrubhuml News Channel, ReporterTV
JuLy, 2013 and

in other TV Channels thereafter'

AndwhereastheFirstPartychalengedtheSecondPartyintheNewsProgramsinTV the second Party was wll ing to part away Channels on 19th July, 2013 ltse f as to whether
or his nominee Charitable organizatlon or hjs wealth (Assets in his name) to the First Party
to the State of Kerala

AndwhereasthesecondPartyacceptedthechallengeofthefirstpartyinoneoftheNews Program in the TV channels on 19th luly, 2013'

Fr(cT PA}t7

Secoi/O PAa\Y

of three And Whereas both the Parties have agreed to refer the dispute to the Arbitration Arbitrators, namely Shrl. M V Nikesh Kumar of Reporter TV, Shri' Harshan T M of shri' ly the Mathrubhurni News and Shri. Vinu I Veliyath of Asianet News who were also incidenta
anchors of the TV News Programs in whlch the Second Party made the specific allegation Kera e and against the First Party of having drawn Rs. 73.50 Lacs frorn the GoveTnment of

thereaftertheFirstPartvdeniedthespecificalegationmadebythesecondPartyagainst and are lherefore the First Party of having drawn Rs.73 50 Lacs from Government of Kerala

dlrectwltnessestotheentirealegation,it'sdenial,defence,thechalengeandit's
acceptance. Asseis as on And Whereas both First Party and Second Party have enclosed the list of thelr date as Annexure I and Annexure ll respective y

herein And Whereas both First Party and Second Party desires that the three Arbitrator! (Assets in his name) of ADJUDICATE on the dispute between them and AWARD the Wealth

the Party whose clairn ls proved false to the Party whose claim is proved true
specifically hereby agrees between the aforesald parties as follows:

and

matter' 1,. The Arbitrators will have the power to declde and determine the fotowing which are referred to their final deterrnination and award:

of Kerala Did the First Party draw Rs. 73 50 Lacs as TA / DA from Government (erala? whi e serving as Economic Advlsor to Chlef Mlnister,
b.

Dld the First PartY drau/ any amount other than Rs Z42A84/'towards flight (Plane Ticket) charges while serving as Economlc Advisor to Chief Minister,
Kera a?

What amount did Government of Kerala spent for Fuel (Diesel) for the Official Car used by the First Party while serving as Economic Advisor to Chief Minister, Kerala?

d. Did

the First PartY clalm from Governrnent of Kerala or did the Governrnent of Kerala pay Shaffi Mather any amount towards Boarding, LodglnS, Hotel
Charges?

e.

Dld the First Party claim from Government of Kerala or dld the Government of Kerala pay the Flrst Party any other amount towards his TA or DA while serving as Economlc Advlsor to Chief Mlnlster, Kera a?

2.

ln case either Partv wishes to take on Arbitration ln regard to the other allegat ons in TV rnade by the Second Party against the First Party in the News Programs

^t ()ts-f\esi
PAP\

SecoNo PBPiY

channe s on 19th lu v, 2013 (ilsted hereinbelow), the Party so interested shal intorm

the Arbitrators who shall suitably frame the Dispute and draft an appropriate
raised by Arbltration agreement for each of such disp!te in regard to the allegations on the Second Party against the First Party in the News Programs in TV Channels
19th luly, 2013.

..

108 Ambulance Servlce ln Kera a Limited and

Any Wrongdolngs by Ziqitza Health Care

/ or the

Flrst Party?

b. Foreign Travels of the First Party? c. Assets (including Liabilities) of the First Party? d. Fo'e gn Banl Accou_ts o'rhe Firsl Pdrtyl e. Any lnvolvement of the First Party in Solar Case?
3.
31't The Arbitrators shall enter upon the reference on or about the disputes before possibLe but within 90 August, 2013 and sha I deliver their Award as expeditiously as days from the date of enterlng the reference'
(Assets ln his narne) of the The Award here speclfically means Award of the Wealth clalm is found to Party whose claim ls found to be fa se in favour of the Party whose

5.
6.

Kerala The Arbitration Proceedings shal be held in Cochin or Thiruvananthapuram' as decided bY the Arbitrators.

by the The Arbitration Proceedings shal be in Malayalam or EngLish as decided Arbitrators,

The Parties and Arbitrators agree to ensure that their respective conduct shaJl quasl judicial conform to decency, decorum and appropriate language befitting a
trlbunal.
8.

The decislon and the Award of the Arbitrators shaLl be bindlng on the Parties hereto.

flna and concLuslve

and

9-

of The Arbitrators shall amongst themseLves select the President of the Trlbunal Arbitration who shall be responsible to arrange the sittings and conduct of the Arbitratlon proceedings.

10.

lf there ls any difference of opinion between the Arbitrators, the decision of the
majority shall Prevait.

Fcsr

oaTY

gECONO PRPlY

11. The

Arbitrators rnay proceed ex parte in case either Party fails to appear after

reaSonab e notice.

12. The Arbitrators sha I be paid a fee of Rs.2500/ per sitting and such fees as well as the costs of the reference and other expenses incidental to the Arbitratlon sha I be borne and paid by both Parties equally or in such proportion as the Arbitrators shal
by

their award dlrect.

13.The Arbitrators may, from time to time, call upon any party to submit such documents as they rnay require for perusal and consideration in connection with the Arbitrat on. 14.The Arbitrators may collect information as required from covernrnent of Kerala (including Government of Kerala Agencies) to establish the truth and factual posltion in regard to a I the disputes raised herein and shal use RTt (Right to tnformation) and or other lega mechanisms to col ect the required official information to establish the truth afd factual position in the disputes herein.
15. Both Parties shall refrain from making other allegations not raised till this date till

the complet on of this Arbitration as often the Political Leaders keep on making (and media keeps on carrying without any proof or basis) one al egation after another withoLrt any basis and / or proof to keep others on the defensive and with the intent to deflect public attentlon from the fa acy of the origlna set of allegations.
16.

This agreement shall remain effective and enforceable agalnst the


representatlves of either Partv in case of his death.

lega

17. The Arbitrators may appolnt a Lawyer to help them with the

correct egal positions in regard to the Arbitration Process and Award Writing lf they think it necessary and the remuneratlon of the Lawyer so appointed sha ll be determined by the Arbitrators and shall be borne and paid by both parties equally or in such proportion as the Arbitrators shall by their Award direct.

18.The provlsions of the Arbitration


refeTence.

&

Conciliation Act, 1996 shall apply

to

this

f't<r laar

SacoNo ?6PlY

19. The costs of this reference shall be solely in the discretion of the Arbitrators

ln Witness Whereof the parties hereto have signed this agreement on the day and year first

written above.

s
First Party

Shaffi Mather

SecondParty-PCGeorge

Accepted by:

Arbitrators:

1-

M V Nikesh Kumar, Reporter TV

2.

Harshan T M, Mathrubhurni News

l.

Vinu I Ve iyath, Asianet News