IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL,2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO. 310 OF 2017 BETWEEN:
DR ASHWINI S W/O RAJIV B C AGED ABOUT 36 YEARS OCC:CONSULTANT GYNECOLOGIST R/A NO.1031 11TH MAIN ROAD HAMPINAGAR BENGALURU-560104 (BY SRI. RAJASHEKAR M, ADV.) AND:
DR SIRI V W/O RAGHAVENDRA AGED ABOUT 36 YEARS OCC:CONSULTANT GYNECOLOGIST PRESENTLY R/A NO.513, 5TH CROSS 3RD MAIN, 14TH BLOCK NAGARABHAVI 2ND STAGE BENGALURU-560072 (BY SRI. LOHITH M, ADV.) … PETITIONER … RESPONDENT - - -
THIS CMP IS FILED UNDER SECTION.. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR/S TO RESOLVE THE DISPUTE BETWEEN THE PARTIES HERETO AS PER THE TERMS OF PARTNERSHIP AGREEMENT DATED 07/10/2015 VIDE ANNEXURE-A AND TO PASS SUCH OTHER SUITABLE ORDERS AS NECESSARY ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Mr.Rajashekar.M., learned counsel for petitioner.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(5) and (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator.
3. On perusal of the records, it is evident that the parties had entered into an Partnership Deed on 07.10.2015. The said Deed contains an arbitration clause at Clause No.20. Petitioner sent notice on 03.10.2017 invoking arbitration clause. However, the respondent has sent an reply to said notice but no effective action was taken by the respondent.
4. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator. After hearing the learned counsel for the petitioner and bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an Partnership Deed and the Deed, admittedly, contains an arbitration clause and the dispute between the parties have arisen with regard to the aforesaid Deed, I deem it appropriate to appoint Sri Ashok L.Pujar, Retired District & Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
5. Accordingly, this petition under Section 11 of the Act is disposed of by appointing Sri Ashok L.Pujar, Retired District & Sessions Judge, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Sri Ashok L.Pujar, Retired District & Sessions Judge on the address available with the said Arbitration Centre, Bengaluru.
Sd/- JUDGE Snb/