IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA C.M.P.NO.276/2016 BETWEEN:
M/S. BREMELS RUBBER INDUSTRIES PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT PLOT NO.128 & 129 8TH MAIN ROAD, 3RD PHASE PEENYA INDUSTRIAL AREA BANGALORE – 560 058 REPRESENTED BY ITS ASSISTANT GENERAL MANAGER – SALES MR.JAGADISH …PETITIONER (BY SRI K.S.HARISH, ADV.) AND:
MR.K.M.ABDUL GAFOOR PROPRIETOR M/S.T.K.M. TYRE & CARE NO.10, PERUNDURAI ROAD ERODE – 638 011 TAMIL NADU ... RESPONDENT (BY SRI. A. MAHESH CHOWDHARY, ADV. FOR SRI. A.NAGARAJA NAIDU, ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11 OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. APPOINT A SOLE ARBITRATOR IN TERMS OF SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT 1996, FOR RESOLUTION OF THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT. B. AWARD COST OF THE PETITION. C. PASS ANY OTHER APPROPRIATE ORDER THAT THIS HON’BLE COURT DEEMS IT FIT AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The petitioner is before this Court in this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Sole Arbitrator.
2. The petitioner and the respondent had entered into an agreement of C and F Agency dated 29.12.2012. Certain disputes have arisen relating to the said agreement. In that regard, legal notices have been exchanged between the parties and the petitioner having invoked the arbitration Clause is before this Court seeking appointment of the Sole Arbitrator.
3. The respondent has entered appearance. The fact that an agreement has been entered into and in the event of there being disputes and differences between the parties, the same is to be resolved through arbitration is not seriously in dispute. In that regard, a perusal of the agreement at Clause-21 provides that all disputes and differences is to be resolved through arbitration. In that light, leaving open all contentions on merits, an appropriate Arbitrator is necessary to be appointed by this Court.
4. Accordingly, Sri Justice A.M. Farooq, a former Judge of this Court is appointed to act as the Sole Arbitrator to resolve the dispute between the parties. The arbitration proceedings shall be in terms of the Act and the Rules governing the Arbitration Centre, Bengaluru. Registry to dispatch a copy of this order to the Arbitration Centre, Bengaluru. The parties shall also approach the Arbitration Centre, Bengaluru and file the necessary papers. The learned Arbitrator shall thereupon enter reference, issue notice to the parties and thereafter proceed further in accordance with law.
5. The petition is accordingly disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.
Sd/- JUDGE ST