IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Civil Misc. Petition No.11 of 2019 BETWEEN:
M/S. BPL LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS CORPORATE OFFICE AT NO.64, CHURCH STREET, BENGALURU-560 001, REPRESENTED BY ITS AUTHORISED SIGNATORY, SHRI.M.L.KIRAN.
(BY SRI. DHANANJAY JOSHI, ADV.,) AND:
…PETITIONER TRANSUNION CIBIL LIMITED, ONE INDIABULLS CENTRE, TOWER 2A, 19TH FLOOR, SENAPATI BAPAT MARG, ELPHINSTONE ROAD, MUMBAI-400 013.
…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTMENT OF A SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE ADJUDICATION OF THE PETITIONER’S CLAIM IN ACCORDANCE WITH THE SECTION 18 OF THE CREDIT INFORMATION COMPANIES (REGULATION) ACT, 2005; (B) TO AWARD COSTS OF THIS PETITION TO THE PETITIONER AND (C) TO PASS SUCH OTHER AND FURHTER ORDERS AND DIRECTION AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THIS CASE.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Dhananjay Joshi, learned counsel for the petitioner. None for the respondent, though served.
2. Petition is admitted for hearing.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the petitioner’s claim.
4. I have heard learned counsel for the petitioner and perused the records.
5. From the perusal of the records, it is evident that the petitioner had sent a notice on 04.08.2018 to the respondent seeking appointment of an arbitrator under Section 18 of the Credit Information Companies (Regulation) Act, 2005. However, the aforesaid notice failed to evoke any response. In this factual situation, the present petition has been filed.
6. In view of the aforesaid submission of the learned counsel for the petitioner, I deem it appropriate to appoint Justice Ashok B. Hinchigeri, Former Judge of this Court as sole Arbitrator to resolve the dispute between the parties.
7. Accordingly, this petition under Section 11 (6) of the Act is disposed of by appointing Justice Ashok B. Hinchigeri, Former Judge of this Court, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
8. A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter on administrative side and also to Justice Ashok B. Hinchigeri, on the address available with the said Arbitration Centre, Bengaluru.
Sd/- JUDGE RD