IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.58 OF 2018 BETWEEN:
MR. ASLAM ZACKRIA SAIT S/O LATE HASHIM SAIT AGED ABOUT 57 EYARS, R/AT MARTELLO BOULEVARD THIRD FLOOR, 6/4 MUSEUM ROAD BANGALORE-560 001 REPRESENTED BY GPA HOLDER MOHAMMED DAANISH ZACKRIA (BY SRI. A MAHESH CHOWDHARY, ADV.) AND ... PETITIONER 1. EXCEL DWELLINGS INDIA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.44, 12TH MAIN, 17TH CROSS, 6TH SECTOR, HSR LAYOUT, BANGALORE-560 102 REPRESENTED BY ITS DIRECTOR MR. VIVEKANANDA R 2. NEWLAND ESTATE PROJECTS PRIVATE LIMTIED HAVING ITS OFFICE AT ROCKLINES HOUSE NO.9/2, MUSEUM ROAD BANGALORE-560 001 REPRESENTED BY THE DIRECTOR MR MOHAMMED MERAJ.
(R1-ABSENT NOTICE TO R2 IS D/W V/O DT.27.06.2018) ... RESPONDENTS ******** THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO 1. APPOINT ARBITRATOR IN TERMS OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR RESOLUTION OF THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE ARBITRATION CLAUSE IN MEMORANDUM OF UNDERSTANDING DATED: 22ND APRIL, 2015 VIDE ANNEXURE-A. AND AWARD THE COST OF THE PETITION.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri A.Mahesh Chowdhary, learned counsel for the petitioner. None for the respondents.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Sections 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 petitioner at length and perused the records.
5. From perusal of the records, it is evident that the parties have entered into a Memorandum of Understanding dated 22.04.2015. Admittedly, Clause-8 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioner had sent a notice to the respondents on 10.01.2018 invoking the arbitration clause. However, no response was received from the respondents. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the petitioner and taking into account 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 H.S. Ramanna, retired District and Sessions Judge, 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 VMB