IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.184 OF 2018 BETWEEN:
M/s. Jalavahini Management Services (P) Ltd., No.13/B, Panchamukhi, 11th Main R.P.C. Layout (Hampinagar) Vijaynagar 2nd Stage Bengaluru – 560 104 Represented by its Director Sri.Venkatesh R. Sheshappanavar … Petitioner (By Sri. Shankarlingappa Nagaraj, Advocate) AND:
The Commissioner of Horticulture Karnataka State Department of Horticulture, Lalbagh Bengaluru – 560 004 … Respondent (By Smt. Prathima Honnapura, AGA) This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a sole arbitrator to adjudicate upon the claims of the petitioner against the respondent in respect of the amounts due to it as per Annexure – A and to pass such other order/s as this Hon’ble Court may deem fit in the circumstances of the case.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Mr.Shankarlingappa Nagaraj, learned counsel for the petitioner.
Smt. Prathima Honnapura, learned Additional Government Advocate for the respondent.
The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
2. By means of this petition under Section 11 (5) of the Arbitration & Conciliation Act, 1996, (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute.
3. I have heard the learned counsel for the parties at length.
4. Admittedly, the parties have entered into Memorandum of Understanding on 25.05.2009. Clause 14.2 of the aforesaid Memorandum of Understanding contains an arbitration clause. Being aggrieved, the petitioner has sent notice on 01.03.2018 invoking arbitration clause. However, the respondent failed to take any further orders.
5. After hearing the learned counsel for the parties and taking into account the provisions contained in Section 11(6-A) of the Act as well as the fact that the parties have entered into Memorandum of Understanding, which contains an arbitration clause, I deem it appropriate to appoint Mr. I.S.Antin, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
6. Accordingly, this petition under Section 11(5) of the Act is disposed of by appointing Mr. I.S.Antin, retired District and 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 Mr. I.S.Antin, on the address available with the said Arbitration Centre, Bengaluru.
Accordingly, petition is disposed of.
cp* Sd/- JUDGE