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. 215 OF 2017 BETWEEN:
K SUDHAKAR REDDY AGED ABOUT 58 YEARS, S/O LATE SUNDARARAMI REDDY, PARTNER OF M/S SUNRISE DEVELOPERS, PRESENTLY RESIDING AT DOOR NO.12, 1ST FLOOR, 7TH CROSS, KUMARAN NAGAR, PERAVELLORE, CHENNAI-600 0082 … PETITIONER (BY SRI. HEMANTH R RAO, ADV.) AND:
MR P DAMODAR REDDY AGED ABOUT 41 YEARS, S/O P VENKATARAMANA REDDY, MANAGING PARTNER OF SUNRISE DEVELOPERS, PRESENTLY RESIDING AT NO.306, BRINDAVAN ENCLAVE, 85/1, 2ND CROSS, MANJUNATHA LAYOUT, MUNNEKOLALA EXTENSION, MARATHAHALLI, BANGALORE-560 066 (BY SRI. S SUBHASH, ADV.) - - -
… RESPONDENT THIS CMP IS FILED UNDER SECTION 11(5, 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO 1. APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS AS PER CLAUSE 14 OF THE PARTNERSHIP DEED DATED:06/09/2013 PRODUCED AT ANNEXURE-A, ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT AND 2. PASS SUCH OTHER ORDER/S, AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Hemanth R.Rao, learned counsel for petitioner. Sri S.Subhash, learned counsel for the respondent.
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 06.09.2013. Clause 14 of the aforesaid Deedpertains to arbitration clause. The dispute between the parties has arisen in the aforesaid Partnership Deed. Petitioner sent notice on 12.07.2017 invoking arbitration clause. However, no response was received from the respondents. Thereafter this petition has been filed.
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 S.N.Navalgund, 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 S.N.Navalgund, 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 S.N.Navalgund, Retired District & Sessions Judge on the address available with the said Arbitration Centre, Bengaluru.
Snb/ Sd/- JUDGE