IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION No.64/2017 BETWEEN:
M/S. BAY BERRY APARTMENTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.223-224, RAJAMAHAL VILAS EXENSION, BANGALORE EXTENSION, BANGALORE, KARNATAKA, INDIA AND REPRESENTED HEREIN BY ITS AUTHORIZED SIGNATORY MR. GIRIDHAR RAMAIAH AGED ABOUT 50 YEARS, SON OF LATE SRI A.RAMAIAH.
... PETITIONER (BY SRI KASHYAP N.NAIK, ADVOCATE) AND:
1. K.LALCHAND PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, AND HAVING ITS PLACE OF BUSINESS AT 1017/18, DALAMAL TOWER, 10TH FLOOR, 211, NARIMAN POINT, MUMBAI – 400 021 AND REPRESENTED BY ITS MANAGING DIRECTOR MR HARESH NANWANI 2. MR PAHALAJ BAJAJ MAJOR, FATHER’S NAME NOT KNOWN TO CLAIMANT, HAVING HIS PLACE OF BUSINESS AT 39, NARIMAN BHAVAN, 227, NARIMAN POINT, MUMBAI – 400 021.
... RESPONDENTS (R1-SERVED, R2 – V/O DT.03.04.2019 NOTICE IS HELD SUFFICIENT) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, READ WITH RULE 4 OF THE HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDINGS BEFORE THE COURTS) RULES, 2001 PRAYING TO APPOINT HON'BLE JUSTICE PATRI BASAVANAGOUD, RETIRED JUDGE, HIGH COURT OF KARNATAKA, OR ANY OTHER PERSON THAT THIS HON'BLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR AND DIRECT SUCH ARBITRATION TRIBUNAL TO CONTINUE WITH THE ARBITRATION PROCEEDINGS PENDING BETWEEN THE PARTIES AND DISPOSE THE MATTER AT THE EARLIEST ANNEXURE-A.
THIS CMP IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Kashyap N.Naik, learned counsel for the petitioner.
None appeared on behalf of respondent No.1.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, read with Rule 4 of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2011, the petitioner inter alia seeks for appointment of an Arbitrator to resolve the dispute between the parties.
4. Admittedly, the parties had entered into an agreement on 09.07.1996. The dispute has arisen between the parties in relation to the aforesaid agreement. Thereafter, the Hon’ble Justice R.G.Vaidyanatha, the former Judge of this Court was appointed as a sole arbitrator to adjudicate the dispute between the parties. By communication dated 11.07.2016 Hon’ble Justice R.G.Vaidyanatha expressed his inability to continue with the arbitration proceedings and retired from the arbitration proceedings. Therefore, the present petition has been filed.
5. The learned counsel for the petitioner submits that the evidence in the proceedings has already been recorded and only the argument has to be heard. Therefore, the former Judge of this Court be appointed to adjudicate the dispute between the parties.
6. In view of the aforesaid submission, in the facts and circumstances of the case and keeping in mind the mandate contained in Section 11(6-A) of the Arbitration and Conciliation Act, 1996, I deem it appropriate to appoint Sri Ashok B. Hinchigeri, the former Judge of this Court as Sole Arbitrator to adjudicate the dispute between the parties. A copy of this order shall be transmitted to Sri Ashok B. Hinchigeri, former Jude of this Court.
Accordingly, petition is disposed of.
Sd/- JUDGE PB