IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLENOUS PETITION NO.24 OF 2016 BETWEEN:
M/s.Gati Ltd., Plot No.5C, Peenya 1st Phase Peenya Industrial Area Bangalore-560 058 Represented by its authorized Signatory Muralidhar … Petitioner (By Sri.B.M.Hala Swamy, Adv.) AND:
M/s.VIR Retails Pvt. Ltd., Situated at No.107, Industrial Suburb 2nd Stage, Yeshwanthpur, Bangalore, represented by Its Vice President/Managing Director Mr.Ritesh … Respondent (By Sri.B.N.Prakash, Adv.) - - -
This Petition is filed under Section 11(6) of the Arbitration and Conciliation Act 1996, praying this Hon’ble Court to appoint an Arbitrator to adjudicate upon the dispute between the parties as per services agreement dated:01.05.2009 vide Annexure-A and etc.
This Petition coming on for admission this day, the Court made the following:-
ORDER Sri B M Hala Swamy, Advocate for petitioner and Sri B N Prakash, Advocate for respondent.
2. Petition is admitted for hearing.
3. With the consent of the learned counsel for the parties, matter is heard finally.
4. I have heard learned counsel for the parties at length.
5. Admittedly, parties entered into two agreements i.e., in respect of their Warehousing Services Agreement dated 1.5.2009 and another in respect of Transportation agreement on 23.05.2009. However, disputes between the parties arose thereupon. Petitioner by notice dated 25.08.2015 invoked the arbitration clause for settlement of dispute. However, no reply was sent by the respondent. In the aforesaid facts and circumstances, the petitioner has approached this Court.
6. When the matter was taken up today, learned counsel for the parties jointly submit that the dispute between the parties to the Warehousing Service Agreement dated 01.05.2009 be referred for adjudication by the sole arbitrator.
7. In the factual situation of the case and taking into account the fact that an arbitration clause exists in writing in the agreement between the parties, and since dispute has arisen between the parties, Mr. I S Antin, Retired District and Sessions Judge is appointed to act as a sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996. Needless to state that respondent is at liberty to raise all such contentions in accordance with law.
15. 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, Mr.I.S.Antin, Retired District and Sessions Judge is appointed as sole Arbitrator to adjudicate the dispute between the parties.
16. 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.
8. Office is directed to transmit a copy of this order to Mr. I S Antin. Accordingly, petition is disposed of.
Sd/- JUDGE brn