IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.317 OF 2018 BETWEEN:
M/S. BOMBAY JAMNAGAR ROADLINES PVT. LTD. REPRESENTED BY MANAGING DIRECTOR SRI ASHOK SHAH HAVING THEIR OFFICE AT 218, SWASTIK PLAZA SWASTIK GARDEN COMPLEX POKHRAN ROAD NO.2 THANE (WEST)-400 601 MAHARASHTRA. …PETITIONER (BY SRI U.S. YOGESH KUMAR, ADVOCATE-ABSENT) AND:
M/S. SIMPLEX INFRASTRUCTURES LTD. REPRESENTED BY MANAGING DIRECTOR HAVING ITS REGISTERED OFFICE AT SIMPLEX HOUSE, 27 SHAKESPEARE SARANI KOLKATA-700 017 WEST BENGAL. …RESPONDENT (RESPONDNET SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE/RESOLVE THE DISPUTES AND DIFFERENCES ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN RELATION TO THE WORK ORDERS DATED 01.10.2011 (ANNEXURE-A AND B) ISSUED BY THE RESPONDENT FOR SUPPLY OF LOW BED TRAILERS OF TH BANGALORE METRO RAIL PROJECT AND TO PASS SUCH OTHER ORDER/S, AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the petitioner. Respondent is served and unrepresented.
2. The petition is admitted for hearing. With the consent of the learned counsel parties, the matter is heard finally.
3. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, 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 work orders were executed between the parties on 01.10.2011 which contains an arbitration clause namely, clause No.17 and the dispute has arisen between the parties in relation to the aforesaid work orders. In that regard, the petitioner had sent a notice on 21.09.2017 invoking the arbitration clause. However, no action was taken by the respondent.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Arbitration and Conciliation Act, 1996 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 Kukkaje Ramakrishna Bhat, 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 ST