IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.105 OF 2018 BETWEEN BRETON INDIA SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO 451, 17TH G MAIN ROAD, 6TH BLOCK, KORAMANGALA BANGALORE - 560095 THROUGH ITS AUTHORIZED REPRESENTATIVE MR NARESH GUPTA SON OF MR KULDEEP CHAND GUPTA AGED 59 YEARS ADDRESS AT : NO 451, 17TH G MAIN ROAD, 6TH BLOCK, KORAMANGALA BANGALORE – 560 095.
... PETITIONER (BY SRI. C K NANDAKUMAR, ADV.) AND M/S.SG EXPORTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT H NO 3-1-227 CHRISTIAN COLONY KARIMANAGAR – 505 001. TELANGANA, INDIA REPRESENTED BY ITS PARTNER SRI. SANDEEP GANGULA ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, R/W THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT ADVOCATE ANIRUDH KRISHNAN, ADDRESS AT NO. 16, LUZ GOLDEN ENCLAVE, NO. 180, LUZ CHURCH ROAD, MYLAPORE, CHENNAI - 600 018, OR ANY OTHER FIT PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF AND IN CONNECTION WITH THE HYPOTHECATION AGREEMENT DATED: 17 MARCH 2015 AND ALL MATTERS CONCERNING THE TRANSACTIONS BETWEEN THE PARTIES PURSUANT THERETO.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.C.K.Nandakumar, learned counsel for the petitioner. None for the respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Sections 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the petitioner and perused the records.
5. From perusal of the records, it is evident that the parties have entered into Hypothecation of Agreement dated 17.03.2015. Admittedly, Clause-10 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioner had sent a notice to the respondent on 04.12.2017 invoking the arbitration clause. However, no response was received from the respondent. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the petitioner and taking into account the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri.Ashok B. Hinchigeri, a former Judge of this Court, as the sole arbitrator to adjudicate the dispute between the parties.
7. 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, the petition is disposed of.
Sd/- JUDGE VMB