IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.233 OF 2017 BETWEEN:
M/S. BELLA INDIA HEALTH CARE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO.145, 2ND CROSS CANARA BANK COLONY NAGARBHAVI MAIN ROAD BANGALORE-560 072.
REP.BY ITS DIRECTOR MR.DANIEL BABALSKI. …PETITIONER (BY SRI. SUNDARESH C.R., ADV.) AND:
MR. K.C. VIJAYA KUMAR S/O. LATE CHINNASWAMY REDDY AGED 51 YEARS RESIDING AT 4/A, 8TH BLOCK KORAMANGALA BANGALORE-560 095. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) AN ARBITRATOR TO BE APPOINTED ON THE SIDE OF THE RESPONDENT TO RESOLVE THE DISPUTE THAT AROSE BY THE SAID AGREEMENT DT: 18/01/2014 OR (B) CONCURRENCE BE GIVEN FOR THE APPOINTMENT MADE BY THE PETITIONER OF SRI.N.MANOHAR, ADVOCATE NO.3, 2ND FLOOR, SWASTIK COMPLEX, SESHADRIPURAM, BENGALURU - 20 AS SOLE ARBITRATOR.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri C.R.Sundaresh, learned counsel for petitioner. None for respondent though served.
2. The petition is admitted for hearing, and the matter is heard finally.
3. In this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’ for short), the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. On perusal of the record, it is evident that the parties had entered into a Registered Lease Agreement dated 18.01.2014 which contains an arbitration clause namely, clause No.12.1 and the dispute has arisen between the parties in relation to the aforesaid agreement. In that regard, the petitioner had sent a notice to the respondent on 26.04.2017 seeking appointment of arbitrator invoking arbitration clause. However, requisite action was not taken by the respondent in terms of the arbitration clause.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Act as well as taking into account the fact that none has appeared on behalf of the respondent to oppose the prayer made in this petition, I deem it appropriate to appoint Sri H.S.Ramanna, Retired District and Session Judge 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, petition is disposed of.
Sd/- JUDGE akc/-