IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.105 OF 2017 BETWEEN:
M/s.BALAJI PROJECTS NO.20, 1ST FLOOR 10TH CROSS, TEMPLE STREET MALLESHWARAM BENGALURU-560 003.
REPRESENTED BY ITS MANAGING PARTNER V.SHEKAR. …PETITIONER (BY SRI ZULFIKIR KUMAR SHAFI, ADVOCATE) AND:
THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETIES, 179, 1ST AND 3RD FLOOR, ROOPA COMPLEX, 1ST MAIN ROAD, SHESHADRIPURAM BENGALURU-560 020. ...RESPONDENT (BY SRI NAGAIAH, ADVOCATE) The advocate for the petitioner has filed the above Civil Misc. Petition Under Sec.11(6)(a) of the Arbitration and Conciliation Act 1996, praying this Hon'ble Court to appoint Sri. Kukkje Ramakrishna Bhat (Retired) District and Sessions Judge, office situated at Central Chambers, Gandhi Nagar, Bengaluru, as a sole Arbitrator to adjudicate the dispute arising out of the agreement dated: 21/12/2011 vide Annexure-B in the above matter or appoint any other retired district or High Court judge, as per agreement Tender Document i.e., Annexure-B dated:21/12/2011 Clause No. 24 of Conditions of Contract and to pass such other suitable orders as necessary under the facts and circumstances of the case and in the interest of justice and equity.
This petition coming on for Admission, this day, the Court made the following:
ORDER Sri.Zulfikir Kumar Shafi, learned counsel for the petitioner.
Sri.Nagaiah, learned counsel for the respondent.
2. The Petition is admitted for hearing. With the consent of learned counsel for the parties, 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 to as ‘the Act’ for short), the petitioner seeks appointment of Sri.Kukkaje Ramakrishna Bhat (Retired) District and Sessions Judge, as a Sole Arbitrator to adjudicate the dispute between the parties.
4. The facts giving raise to this petition, briefly stated are that the work order was issued to the petitioner on 21.12.2011. Admittedly, the aforesaid work order does not provide for an arbitration clause and with regard to any disputes, the parties shall be at liberty to take recourse to the Civil Court.
5. When the matter was taken up today, learned counsel for the petitioner while invoking the conditions of the contract, which formed part of the notices inviting tenders submitted that Clause 24 of the Conditions of Contract contains an Arbitration Clause as well as Clause 4 of the Special Conditions of the Contract contains an Arbitration Clause. It is further submitted that the petitioner had sent a notice on 20.10.2016 invoking the Arbitration Clause.
6. The fact that the conditions of the Contract and the Special Conditions of the Contract form part of the notice inviting tenders has not been disputed by the learned counsel for the respondent.
7. Therefore, it is evident that there is Arbitration Agreement between the parties. The dispute in relation to the Agreement has arisen between the parties. Bearing in mind, the mandate under Section 11(6-A) of the Arbitration and Conciliation Act, 1996, I deem it appropriate to appoint Sri.S.N.Navalgund, Retired District and Sessions Judge as a Sole Arbitrator to adjudicate the dispute between the parties.
8. In view of preceding analysis the petition filed by the petitioner under Section 11(6)(a) of the Act succeeds and is hereby allowed. In view of the aforesaid submissions, Sri.S.N.Navalgund, Retired District and Sessions Judge is appointed as Sole Arbitrator to adjudicate the dispute between the parties.
9. 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.
10. Needless to state that respondent shall be at liberty to raise all such objections before the arbitrator including issue with regard to sufficiency of the stamp paper on which the agreement has been executed before the Arbitrator.
Accordingly, the petition is disposed of.
Sd/- JUDGE DH