IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.314 OF 2018 BETWEEN:
M/s. Deepali Company Private Limited, No.35, Commercial Street, Bengaluru – 560 001. Represented by its Director, Sri. C. Ganesh Narayan.
… Petitioner (By Smt. Aparna Sreenivasan, Advocate for Sri. Vedavyasa Rao, Advocate) AND:
M/s. Intellifour Software Private Limited, No.813, A Sector, Yelahanka New Town, Bengaluru – 560 064.
Also at Kaushal Emerald, No.2, North Park Road, Kumara Park East, Bengaluru – 560 001.
… Respondent (By Sri. S. Vasanth Madhav, Advocate) This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, praying to appoint Hon’ble Mr. Justice K. N. Keshvanarayan (Retd.) as the sole arbitrator to adjudicate on the dispute afore-mentioned in accordance with the software development agreement dated 27.08.2015 Annexure – C herein the between the petitioner and the respondent, in the interest of justice and equity.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Smt. Aparna Sreenivasan, learned counsel for Sri. Vedavyasa Rao, learned counsel for the petitioner.
Sri. S. Vasanth Madhav, learned counsel for the respondent.
Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner seeks appointment of Hon’ble Sri. Justice Keshavanarayana, former Judge of this Court as a Sole Arbitrator to adjudicate the dispute between the parties.
3. Admittedly, parties have entered into a Software Development Agreement on 27.08.2015. Thereafter, the dispute arose between the parties. As a result of which, respondent terminated the agreement by communication dated 21.10.2016. On 11.05.2018, the petitioner invoked the arbitration clause. Thereupon, the respondent by communication dated 18.05.2018 informed the petitioner that it has not objection to the appointment of Hon’ble Sri. Justice Keshavanarayana, a former Judge of this Court to act as a Sole Arbitrator. Thereafter, the petitioner sent a communication dated 01.09.2018 furnishing the indicative claim, which is repealed by the respondent on 24.09.2018. In the aforesaid factual background, the petitioner has approached this Court.
4. Learned counsel for the parties jointly submitted that parties have entered into an agreement dated 27.08.2015 and same contains arbitration clause.
5. Learned counsel for the petitioner submitted that Hon’ble Sri. Justice Keshavanarayana, former Judge of this Court be appointed as a Sole Arbitrator.
6. On the other hand, learned counsel for the respondent submitted that Hon’ble Sri. Justice Keshavanarayana has been appointed as a member of Commission and therefore, he may not be feasible to act as a Sole Arbitrator.
7. In view of the aforesaid submission and taking into account the existence of the agreement as well as arbitration clause, I deem it appropriate to appoint Hon’ble Sri. Justice Subhash B. Adi, former Judge of this Court as a Sole Arbitrator to adjudicate the dispute.
8. In view of preceding analysis the petition filed by the petitioner under Section 11(6) of the Act succeeds and is hereby allowed. In view of the aforesaid submissions and as prayed by learned counsel for the parties, Hon’ble Sri. Justice Subhash B. Adi, former Judge of this Court is appointed as 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.
10. Needless to state that respondent shall be at liberty to raise all such objections before the arbitrator including issue with regard to sufficiency of the stamp paper on which the agreement has been executed before the Arbitrator.
Accordingly, petition is disposed of.
Sd/- JUDGE Mds/-