IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.48 OF 2018 BETWEEN 1. MR. JAVED ULLA KHAN S/O. NASIR ULLA KHAN AGED ABOUT 40 YEARS 2. MRS. SHAZIA SULTHANA W/O. MR. JAVED ULLA KHAN AGED ABOUT 35 YEARS 3. MRS. N. GANGAMMA W/O. MR. N. NINGE GOWDA AGED ABOUT 58 YEARS ALL ARE PARTNERS OF M/S. ARTIHANT AGENCIES REGISTERED OFFICE AT NO.2/20, GARLIC COMPLEX APMC YARD YESHAWANTHAPURA BENGALURU-560 022.
... PETITIONERS (BY SRI. SHIVAKUMAR H., ADV. FOR SRI. PRAKASH T HEBBAR, ADV.) AND MR. ASIF PASHA. H S/O. HUSSAIN SAHIB AGED ABOUT 47 YEARS R/AT NO. H-95, TNHB, PHASE-9, DINNUR, HOSUR-635 109, TAMILNADU.
(BY SRI. S V PRAKASH, ADV.) ... RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, R/W CLAUSE 2 OF THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT ANY LEARNED RETIRED DISTRICT JUDGE, FOUND SUITABLE, AS THE SOLE ARBITRATOR FOR ADJUDICATION OF DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENT AS AGREED BY THEM IN THE RECONSTITUTED PARTNERSHIP DEED DATED:18/04/2014 AND GRANT SUCH OTHER OR FURTHER RELIEFS AS ARE JUST, PROPER AND NECESSARY, IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Shivakumar.H, learned counsel for Sri.S.V.PrakashT.Hebbar for petitioners. Sri.S.V.Prakash, learned counsel for respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioners inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. Admittedly, the parties have entered into partnership agreement dated 18.04.2014 and Clause-14 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioners have sent the notice to the respondent on 19.08.2017 invoking the arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. Learned counsel for the parties jointly submitted that an arbitrator be appointed to adjudicate the dispute between the parties.
7. In view of the submissions made 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 agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri.Choudapurkar Arun, a retired District and Sessions Judge as the sole arbitrator to adjudicate the dispute between the parties.
8. 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 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.
Accordingly, the petition is disposed of.
Sd/- JUDGE VMB