IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.110 OF 2018 C/W CIVIL MISCELLANEOUS PETITION NO.109 OF 2018 IN CMP NO.110/2018 BETWEEN:
Amway India Enterprises Pvt. Ltd., Having its registered office at:
First Floor, Elegance Tower, Plot No.8, Non Hierarchical Commercial Centre, Jasola, New Delhi – 110 025.
Represented by its Company Secretary and Power of Attorney Holder, Mr. Rahul Sharma.
(By Sri. Harish N.N., Advocate) AND:
1. Mrs. Bindu Satish, W/o Mr. G. Satish Babu, Aged about 42 years, Resident of 401, Aisshwarya Signum, 7th Main, Opp. Ambedkar College, Indiranagar HAL 2nd Stage, Bengaluru – 560 038.
… Petitioner 2. Mr. G. Satish Babu, S/o Mr. Ashwathnarayana, Aged about 47 years, Resident of 401, Aisshwarya Signum, 7th Main, Opp. Ambedkar College, Indiranagar HAL 2nd Stage, Bengaluru – 560 038.
… Respondents (By Sri. N. S. Sanjay Gowda, Advocate for Sri. P. B. Raju, Advocate for R1 and R2) This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, praying to i) appoint an arbitrator on behalf of the Respondents to arbitrate upon the disputes between the Petitioner and the Respondents arising out of the Lease Deed dated 12th March, 2013 (Annexure – A) and etc., IN CMP No.109/2018 BETWEEN:
Amway India Enterprises Pvt. Ltd., Having its registered office at:
First Floor, Elegance Tower, Plot No.8, Non Hierarchical Commercial Centre, Jasola, New Delhi – 110 025.
Represented by its Company Secretary and Power of Attorney Holder, Mr. Rahul Sharma.
(By Sri. Harish N. N., Advocate) … Petitioner AND:
Akshay Eminence Developers Pvt. Ltd., Having its registered office at No.842, 2nd Cross, 7th Main, Indiranagar, 2nd Stage, Bengaluru – 560 038.
Karnataka. Represented by its Managing Director, Mr. G. Satish Babu.
… Respondent (By Sri. N. S. Sanjay Gowda, Advocate for Sri. P. B. Raju, Advocate) This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, praying to i) appoint an arbitrator on behalf of the Respondent to arbitrate upon the disputes between the Petitioner and the Respondent arising out of the Lease Deed dated 12th March, 2013 (Annexure – A) and etc., These Petitions coming on for Admission, this day, the Court made the following:-
ORDER Sri. Harish N.N., learned counsel for the petitioner.
Sri. N.S. Sanjay Gowda, learned counsel for Sri. P.B. Raju, learned counsel for the respondents.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. By means of these petitions under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner seeks appointment of an Arbitrator.
3. I have heard learned counsel for the parties at length. Admittedly, the parties had entered into the lease deeds on 12.03.2012. Clause 14 of the aforesaid lease deeds contains an arbitration clause. Admittedly, dispute has arisen between the parties and thereafter, the petitioner had issued notice on 15.03.2017 invoking the arbitration clause. However, the aforesaid notice has failed to evoke any response from the respondent. In view of Section 12(5) of the Act which has been incorporated in the statute book with effect from 23.10.2015, it is evident that this Court has to ascertain the existence of an agreement and an arbitration clause. From perusal of Annexure-A, it is evident that the parties have entered into an agreement, which includes arbitration clause and the dispute between them have arisen.
4. In the facts and circumstances of the case, I deem it appropriate to appoint Sri. H.M. Bharthesh, former District and Sessions Judge as a Sole Arbitrator to adjudicate the dispute between the parties.
5. In view of preceding analysis the petitions filed by the petitioner under Section 11(6) of the Act succeeds and are hereby allowed. In view of the aforesaid submissions and as prayed by learned counsel for the parties, Sri. H.M. Bharthesh, former District and Sessions Judge is appointed as Sole Arbitrator to adjudicate the dispute between the parties.
6. 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 also 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, petitions are disposed of.
Sd/- JUDGE Mds/-