IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE C.M.P. NO.5 OF 2018 BETWEEN:
1. MR. AKSHAY B. PANCHARIYA AGED ABOUT 23 YEARS S/O. MR. BALOO PANCHARIYA RESIDING AT “KAIVALYA”, NO.141, 1ST FLOOR, 4TH MAIN, SBM COLONY, ANAND NAGAR, BENGALURU – 560 024.
2. MR. AAKASH B. PANCHARIYA AGED ABOUT 21 YEARS S/O. MR. BALOO PANCHARIYA RESIDING AT “KAIVALYA”, NO.141, 1ST FLOOR, 4TH MAIN, SBM COLONY, ANAND NAGAR, BENGALURU – 560 024. … PETITIONERS (BY SRI. V.B. SHIVA KUMAR, ADV.) AND:
SRI. SUGNANA MURTHY AGED ABOUT 70 YEARS S/O SRI. KRISHNAPPA, RESIDING AT NO.20, 14TH CROSS, CUBBONPET, BENGALURU – 560 002. ... RESPONDENT (SRI. ANJANEYA A.B., ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11[6] OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ORDER APPOINTMENT OF AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENT AS STIPULATED UNDER CLAUSE 7 OF THE AGREEMENT OF SALE DATED 15.06.2013 AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. V.B. Shivakumar, learned Counsel for the petitioners.
Mr. Anjaneya A.B., learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this petition under Section 11 of the Arbitration & Conciliation Act, 1996, the petitioners, inter alia, seek appointment of an Arbitrator.
3. Admittedly, the parties had entered into an agreement on 15.06.2013. Clause-7 of the aforesaid agreement contains an arbitration clause which reads as under:
“7. ARBITRATION: In case of disputes among the parties, the matter may be referred to Arbitration of a Sole Arbitrator to be appointed by the parties as per the provisions of the Arbitration and Conciliation Act, 1996, which will be held at Bangalore.”
4. The petitioners sent a notice on 24.11.2017 to the respondent for appointment of Arbitrator. However, the aforesaid notice has failed to evoke any response. In the aforesaid factual background, this petition has been filed.
5. I have heard learned counsel for the parties at length and admittedly the dispute has arisen between the parties in pursuance of the agreement dated 15.06.2013 which contains an arbitration clause. Despite service of notice, the respondent has failed to respond. Therefore, I deem it appropriate to appoint Mr.
Justice Ashok B. Hinchigeri, former Judge of this Court, as the sole Arbitrator to adjudicate the dispute between the parties.
6. Office is directed to transmit a copy of this order to Mr. Justice Ashok B. Hinchigeri.
Petition is disposed of.
Sd/- JUDGE AN/-