IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.1 OF 2018 BETWEEN:
M/S. ARG KRISCON DEVELOPERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.201 II-FLOOR, 101, PRESTIGE COURT K.H. ROAD BANGALORE-560 027.
REPRESENTED BY ITS DIRECTOR MR. JAGADISH KUMAR SAWARTHIA. …PETITIONER (BY SRI SOMANNA C.P. AND MS. JAITHRA N., ADVS. FOR SRI SURAJ GOVINDA RAJ, ADV.) AND:
MRS. ZENAB BAI @ ZENEB BOHRA W/O. MR. ABBAS ALI BOHRA AGED ABOUT 59 YEARS RESIDING AT NO.12/2 GARDEN VILLA, 47TH CROSS 5TH BLOCK, JAYANAGAR BANGALORE-560 041. …RESPONDENT (BY SRI R. HEMANTH RAJ, ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT, IN TERMS OF CLAUSE 12 OF THE MEMORANDUM OF AGREEMENT DATED: 04.08.2013 ENTERED INTO BETWEEN PETITIONER AND RESPONDENT CONCERNING THE SCHEDULE PROPERTY AND ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Somanna C.P. and Ms. Jaithra N., learned counsel for Sri Suraj Govinda Raj, learned counsel for petitioner. Sri R. Hemanth Raj, 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) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. Learned counsel for the parties jointly submitted that the petitioner and the respondent have entered into an agreement dated 04.08.2013 and Clause-12 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioner has sent the notice to the respondent on 22.11.2017 invoking the arbitration clause. However, no response was received from the respondent. It is also further submitted that a former Judge of this Court be appointed as a sole Arbitrator to adjudicate the dispute between the parties.
6. After hearing learned counsel for the parties and bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri Ashok B. Hinchigeri, a former Judge of this Court as the sole arbitrator to adjudicate the dispute between the parties.
7. 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, the petition is disposed of.
Sd/- JUDGE ST