IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.148 OF 2018 BETWEEN:
M/S. ABB INDIA LTD., A COMPANY UNDER THE COMPANIES ACT 1956 2ND FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE – 560 001.
NOW HAVING ITS REGD. OFFICE AT 21ST FLOOR WORLD TRADE CENTER BRIGADE GATEWAY NO.26/1, DR.RAJAKUMAR ROAD MALLESHWARAM WEST BENGALURU – 560 555.
REPRESENTED BY MR.REJOY RAJ ASST. VICE PRESIDENT – LEGAL.
(BY SRI. KEERTIKUMAR D NAIK, ADV.) AND:
INTEGRATED DATA SYSTEMS A PARTNERSHIP FIRM 4B, SUNDARAM 46F, RAFI AHMED KIDWAI ROAD KOLKATA – 700 016.
REPRESENTED BY MR.VINOD KUMAR AGARWALLA …PETITIONER PARTNER (BY SMT.FARAH FATHIMA, ADV.) …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6)(a) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT THE SECOND ARBITRATOR (NOMINEE OF THE RESPONDENT) TO ENTER INTO REFERENCE OF THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING OUT OF AGREEMENT DATED 04.03.2017 TILED THE ‘THIRD PARTY CHANNEL AGREEMENT’ AT ANNEXURE – A AND ETC., THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Keertikumar D.Naik, learned counsel for petitioner. Smt.Farah Fathima, learned counsel for respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of an arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. Admittedly, the parties have entered into an agreement dated 04.03.2017 and the aforesaid agreement contains an arbitration clause. In that regard, the petitioner has sent the notice to the respondent on 23.03.2018 invoking the arbitration clause as per Clause-14. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. When the matter is taken up today, learned counsel for the parties jointly submits that in CMP No.147/2018, Mr. Justice Ajit J. Gunjal, a former Judge of this Court has been appointed as a sole Arbitrator to adjudicate the dispute between the parties. Therefore, Mr. Justice Ajit J.Gunjal, a former Judge of this Court be appointed as arbitrator in this case as well.
7. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to appoint Mr. Justice Ajit J. Gunjal, a former Judge of this Court as the sole arbitrator to adjudicate the dispute between the parties 8. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioner to approach the Arbitration Centre with the relevant papers to be filed therein. The learned Arbitrator appointed herein shall thereupon enter reference and proceed with the matter in accordance with law and the Rules governing the Arbitration Centre.
Accordingly, the petition is disposed of.
Sd/- JUDGE VMB