IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.200 OF 2017 BETWEEN:
M/S CHRYSALIS TRADING PVT LTD., HAVING THEIR OFFICE AT NO.B-1 EXTENSION/E:23 MOHAN CO-OPERATIVE INDUSTRIAL ESTATE MATHURA ROAD, NEW DELHI-110044 AND LOCAL OFFICE AT:
SOUL SPACE PARADIGM 4TH FLOOR, NEAR HOTEL PARK PLAZA OUTER RING ROAD BANGALORE-560037 HEREIN REPRESENTED BY ITS DIRECTOR MRS SHRUTI CHOUDHARI AGED ABOUT 36 YEARS W/O MR AKASH CHOUDHARI.
... PETITIONER (By Sri. S.GANESH SHENOY, ADVOCATE) AND M/S EPSILON VENTURES PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO.2, WALTON ROAD BANGALORE-560001 HEREIN REPRSENTED BY ITS MANAGING DIRECTOR.
... RESPONDENT (By Sri. KEMPE GOWDA, ADVOCATE FOR SURAJ GOVINDARAJ, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO APPOINT A SOLE ARBITRATOR FROM THE PANEL OF ARBITRATORS OF THIS HON'BLE COURT IN ACCORDANCE WITH CLAUSE IV OF THE ARBITRATION AGREEMENT AT ANNEXURE-B (DATED:05/05/2008) BETWEEN THE PARTIES HERETO AND ALLOW COSTS OF THIS PETITION AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE AND RENDER JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. S.Ganesh Shenoy, learned Counsel for the petitioner.
Mr. Kempe Gowda, learned Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. This petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) has been filed seeking appointment of a sole Arbitrator to adjudicate the dispute arisen between the parties out of and consequent to the agreement dated 05.05.2008.
3. Admittedly, the parties had entered into an agreement on 5.05.2008. Clause IV of the aforesaid agreement contains an arbitration clause. Admittedly, dispute have arisen between the parties in respect of the agreement, pursuant to which the petitioner had sent notice on 30.03.2017 invoking the arbitration clause. However, the aforesaid notice did not evoke any response. Thereafter, by way of reply dated 17.05.2017, the respondent has refuted the claim of the petitioner.
4. I have heard the learned counsel for the parties.
5. Learned counsel for the respondent has not disputed the existence of the agreement, as well as the arbitration clause and the fact that the petitioner had sent a notice invoking arbitration clause. Admittedly, the dispute between the parties has arisen in relation to the agreement dated 5.05.2008. Therefore, bearing in mind the mandate contained under Section 11(6A) of the Act, I deem it appropriate to appoint Mr.Murari Ashok Parashuram, former District and Sessions Judge as sole Arbitrator to adjudicate the dispute between the parties. Needless to state that it will be open to take such plea as may be available before the Arbitrator with regard to maintainability of the claim.
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 ln.