c6oqo*mrrnere AB 494365

"valro oNL/ ?F 4 ttTH PqRr/83 916^J ANo

t./A^JD AvAR'7o 7/18 APBirPalo?5 o^/ oR

Btl0PE 3 t3t 4uC,luST, 2OL'-

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.

andB

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.

9Ae,F:n'natt,y

S 6a6NrD

JJA.tt -,.r \"?..19

j l-+n,o Jl4/l-**-_+' =,lLuE 1; I j .-.J,acL.*_:_

FTAST p6Rfylr4->*

.( o3 4r,6 /or

" l{, il. INAN!,iYdLLYi l[rcT counl vltlcog

't lE LINXIo ril

SSIl{ltl aet a', a-!u-|a,b

Whereas the First Party was serving from 21 May, 2012 as the Economic Advisor to the Hon'

chlef Minlster of Kerala till his reslgnation from the positlon was accepted on 18th July,

2413.

AndWhereasthesecondPartyispresentlyservingasMLAfromPoonjarAssemblyConstituency and as the Government Chlef Whip with Cabinet Rank'

An.l whereas the First party submitted hls resignatlon on 14th luly, 2013 frorn hls posjtion as

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

And Whereas the Second PartY on 1gth July,2013 made serious allegations against the First

Party in several TV Channels (News Programs) including a specific aLlegatlon that the First

Party had drawn Rs. 73.50 Lacs as TA / DA from Governmenl of Kerala during his 14 month

tenure ln offlce.

AndWhereastheFirstPartydeniedtheal]egat]onbythesecondPartythathehaddrawnRs. 73.50 Lacs as TA / DA lrorn Government of Kera a during his 14 month tenlre in offlce

and announced that he had not drawn any TA / DA frorn Government of Kera a other than

Rs.242Aa4l towards domestic flight (Dornestic wlthin ndla _ P ane Tlcket) charges and

dieselfuelfor the Official Car provided to hlm by the Government of Kerala'

And Whereas ln the course of the News

Channel, Reporter TV and Asianet News

other's position.

Programs in TV Channels on Mathrubh!ml News

ChanneL, both part es argued vehement y for each

And Whereas the Flrst Parly offered to give away in donation his entlre wealth (Assets in hls

name) to the second Party or his nomlnee Charlty organizatlon or to the State of (eraLa if

the Second Party proves hls specific allegation made against the Flrst Party that he drew Rs'

73.50 Lacs as TA / DA frorn Government of Kerala in the course of the News Shows in TV

Channels - Mathrubhuml News Channel, ReporterTV and Asianet News Channel on lgth

JuLy, 2013 and in other TV Channels thereafter'

AndwhereastheFirstPartychalengedtheSecondPartyintheNewsProgramsinTVChannels on 19th July, 2013 ltse f as to whether the second Party was wll ing to part away

hjs wealth (Assets in his name) to the First Party or his nominee Charitable organizatlon or

to the State of Kerala

AndwhereasthesecondPartyacceptedthechallengeofthefirstpartyinoneoftheNews

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

Fr(cT PA}t7 Secoi/O PAa\Y

And Whereas both the Parties have agreed to refer the dispute to the Arbitration of three

Arbitrators, namely Shrl. M V Nikesh Kumar of Reporter TV, Shri' Harshan T M of shri'

Mathrubhurni News and Shri. Vinu I Veliyath of Asianet News who were also incidenta ly the

anchors of the TV News Programs in whlch the Second Party made the specific allegation

against the First Party of having drawn Rs. 73.50 Lacs frorn the GoveTnment of Kera e and

thereaftertheFirstPartvdeniedthespecificalegationmadebythesecondPartyagainst

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

dlrectwltnessestotheentirealegation,it'sdenial,defence,thechalengeandit'sacceptance.

And Whereas both First Party and Second Party have enclosed the list of thelr Asseis as on

date as Annexure I and Annexure ll respective y

And Whereas both First Party and Second Party desires that the three Arbitrator! herein

ADJUDICATE on the dispute between them and AWARD the Wealth (Assets in his name) of

the Party whose clairn ls proved false to the Party whose claim is proved true and

specifically hereby agrees between the aforesald parties as follows:

1,. The Arbitrators will have the power to declde and determine the fotowing matter'

which are referred to their final deterrnination and award:

b.

d.

e.

Did the First Party draw Rs. 73 50 Lacs as TA / DA from Government of Kerala

whi e serving as Economic Advlsor to Chlef Mlnister, (erala?

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?

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?

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

rnade by the Second Party against the First Party in the News Programs in TV

A

^t()ts--

f\esi PAP\ 1 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

Arbltration agreement for each of such disp!te in regard to the allegations raised by

the Second Party against the First Party in the News Programs in TV Channels on

19th luly, 2013.

.. 108 Ambulance Servlce ln Kera a - Any Wrongdolngs by Ziqitza Health Care

Limited and / 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. The Arbitrators shall enter upon the reference on or about the disputes before 31't

August, 2013 and sha I deliver their Award as expeditiously as possibLe but within 90

days from the date of enterlng the reference'

The Award here speclfically means Award of the Wealth (Assets ln his narne) of the

Party whose claim ls found to be fa se in favour of the Party whose clalm is found to

5. The Arbitration Proceedings shal be held in Cochin or Thiruvananthapuram' Kerala

as decided bY the Arbitrators.

6. The Arbitration Proceedings shal be in Malayalam or EngLish as decided by the

Arbitrators,

8.

9- The Arbitrators shall amongst themseLves select the President of the Trlbunal of

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.

The Parties and Arbitrators agree

conform to decency, decorum and

trlbunal.

The decislon and the

bindlng on the Parties

to ensure that their respective conduct shaJl

appropriate language befitting a quasl judicial

Award of the Arbitrators shaLl be flna and concLuslve and

hereto.

Fcsr P oaTY gECONO PRPlY

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 theArbitrat 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 thetruth afd factual position in the disputes herein.

15. Both Parties shall refrain from making other allegations not raised till this date tillthe 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 anotherwithoLrt any basis and / or proof to keep others on the defensive and with the intentto deflect public attentlon from the fa acy of the origlna set of allegations.

16. This agreement shall remain effective and enforceable agalnst the lega

representatlves of either Partv in case of his death.

17. The Arbitrators may appolnt a Lawyer to help them with the correct egal positions inregard 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 Arbitratorsand shall be borne and paid by both parties equally or in such proportion as theArbitrators shall by their Award direct.

11. The Arbitrators rnay proceed

reaSonab e notice.

ex parte in case either Party fails to appear after

12.

18.The provlsions of the Arbitration & Conciliation Act, 1996 shall apply to thisrefeTence.

f't<r laar Y SacoNo ?6PlY

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

written above.

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

First Party - Shaffi Mather SecondParty-PCGeorge

s

Accepted by:

Arbitrators:

1- M V Nikesh Kumar, Reporter TV

2. Harshan T M, Mathrubhurni News

l. Vinu I Ve iyath, Asianet News

6