IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.182 OF 2016 BETWEEN:
SMT.CHAYADEVI S.S., W/O LATE H.M.BASAVANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.L-253/1, NEW NO.L-237/2B, ASHOKA ROAD, MYSURU.
… PETITIONER (BY SRI H.V.BHANU PRAKASH, ADVOCATE (ABSENT)) AND:
1. DR.L.JAYAMMA W/O LATE MAHADEVAPPA, AGED ABOUT 78 YEARS, 2. SRI Y.M.YATHISH KUMAR S/O LATE MAHADEVAPPA, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT NO.368, 14TH MAIN, SARASWATHIPURAM, MYSURU-570 009.
… RESPONDENTS (BY SRI N.R.GIRISH, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN INDEPENDENT AND NEUTRAL ARBITRATOR AS PER THE DEED OF PARTNERSHIP DATED 31.03.1995 VIDE ANNEXURE-A AS PER THE CLAUSE 15 OF THE DEED OF PARTNERSHIP TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER None appears for the petitioner.
Sri N.R.Girish, learned counsel for the respondents.
2. On 22.03.2019, the matter was adjourned for one week in view of the prayer made on behalf of the respondents and it was also made clear that no adjournment on any ground including the absence of arguing counsel on either side shall be granted and in case the matter is not argued on the next date of hearing, appropriate order shall be passed.
3. When the matter was taken up today, none has appeared on behalf of the petitioner.
4. Perused the records. The petition is admitted for hearing and the same is heard finally.
(hereinafter referred as ‘the Act’, for short), the petitioner inter alia seek appointment of an arbitrator to adjudicate the dispute between the parties.
6. Admittedly, the parties had entered into a Partnership Deed on 31.03.1995. Clause-15 of the aforesaid Partnership Deed contains an arbitration clause. It is also admitted that the dispute has arisen between the parties in relation to the aforesaid Deed. In that regard, the petitioner had sent a notice to the respondents on 09.05.2016 for appointment of an arbitrator for the purpose of resolving the dispute between the parties.
7. When the matter was taken up today, the learned counsel for the respondents submitted that the arbitrator be appointed to adjudicate the dispute between the parties by granting opportunity to take all objections as admissible in law, before the arbitrator.
8. In view of the aforesaid submissions, in the facts and circumstances of the case and bearing in mind the mandate contained in Section 11(6-A) of the Act, I deem it appropriate to appoint Sri Ashok L.Pujar, the retired District and Sessions Judge, as a sole arbitrator to adjudicate the dispute between the parties.
9. 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 PB