IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.230 OF 2016 BETWEEN:
GITA REFRACTORIES PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONAL OF THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.2, OFF KALPANA CHAWLA ROAD 40 FEET ROAD, 5TH MAIN 4TH CROSS, BHOOPASANDRA SANJAYNAGAR BANGALORE-560 094 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. NARAYANDAS R. JAJU ... PETITIONER (BY SRI ARJUN Y.R., ADV. FOR SRI GIRIDHAR S.V., ADV.) AND:
SURANA INDUSTRIES LIMITED A COMPANY INCORPORTED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED FACTORY AT SURVEY NO.231-234 RAICHUR GROWTH CENTRE WADLOOR VILLAGE, KIADB RAICHUR-584 134 PRESENTLY AT:
SURANA INDUSTRIES LIMITED NO.29, 2ND FLOOR, WHITES ROAD ROYAPETTAH, CHENNAI-600 014 REPRESENTED HEREIN BY ITS MANAGING DIRECTOR ALSO AT:
SURANA INDUSTRIES LIMITED HAVING ITS BRANCH OFFICE AT NO.303, RITUAL PARK APARTMENTS 2ND FLOOR, ARUMUGAM CIRCLE BASAVANAGUDI BANGALORE-560 004 REPRESENTED HEREIN BY ITS MANAING DIRECTOR ... RESPONDENT (BY SRI H.V. BHANU PRAKASH, ADV. - ABSENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. APPOINT AN ARBITRATOR TO ENTER UPON REFERENCE AND TO PASS AN AWARD IN TERMS OF CLAUSE 8 OF THE AGREEMENT DATED:03/05/2010 AS AT ANNEXURE B AS PER THE NOTICE DATED:04/06/2016 ISSUED BY THE PETITIONER AS AT ANNEXURE-C AND ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Arjun Y.R., learned counsel for Sri Giridhar S.V., learned counsel for petitioner.
None for respondent.
2. The petition is admitted for hearing. With the consent of the learned counsel for the petitioner, the matter is heard finally.
3. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. I have heard the learned counsel for the petitioner and perused the records.
5. On perusal of the record, it is evident that the parties had entered into an agreement on 03.05.2010 which contains an arbitration clause namely, Clause No.8.0 and the dispute has arisen between the parties in relation to the aforesaid agreement. In that regard, the petitioner had sent a notice to the respondent on 04.06.2016 invoking the arbitration clause. However, no action was taken by the respondent. In the aforesaid factual background, the petitioner has approached this Court.
6. Bearing in mind the mandate contained in Section 11(6-A) of the Act as well as taking into account the fact that the parties had entered into an agreement on 03.05.2010 and Clause-8.0 whereof contains an arbitration clause, I deem it appropriate to appoint Sri A.C. Vidyadhara, Retired District and Sessions Judge as 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.
Sd/- JUDGE ST