IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.45 OF 2017 BETWEEN:
1. M/S. KBL & SONS A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS OFFICE AT KUMARA NURSERY NEW BANK COLONY KONANAKUNTE BENGALURU-560 078 REPRESENTED BY ITS PARTNER SHRI L. RAVI 2. M/S. CENTURY BUILDERS A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT:
NO.10/1, L.N. COMPLEX PALACE ROAD BENGALURU-560 001 REPRESENTED BY ITS AUTHORISED SIGNATORY AND GPA HOLDER SHRI. ANANDA NADIG. … PETITIONERS (BY SRI PRAKASH HEBBAR, ADV. FOR SRI RAGHU H.R., ADV.) AND:
SHRI R. RAMESH S/O. SHRI V. RAMARAJU AGED ABOUT 49 YEARS R/AT: NO.240/1, 13TH CROSS 1ST PHASE, J.P. NAGAR SARAKKI POST BENGALURU-560 062. … RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 READ WITH 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 HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AS AGREED BY THEM IN THE MEMORANDUM OF AGREEMENT DATED 09.03.2012, AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Prakash Hebbar for Sri Raghu H.R., learned counsel for petitioners. None for the respondent, though served.
2. The petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioners inter alia seek for appointment of an Arbitrator to adjudicate the disputes which has arisen between the parties.
4. The facts giving rise to filing of this petition briefly stated are that the parties had entered into a Memorandum of Understanding dated 09.03.2012. Admittedly, Clause-18 of the aforesaid Memorandum of Understanding contains an arbitration clause which provides for adjudication of the disputes by means of a sole Arbitrator mentioned therein. Since, the dispute has arisen between the parties, the petitioners issued a notice dated 27.01.2016 under Clause 18 of the Memorandum of Understanding dated 09.03.2012 to the respondent. However, the respondent did not respond to the aforesaid notice. In the aforesaid factual background, the petitioners have approached this Court.
5. When the matter was taken up for consideration today, learned counsel for the petitioners submitted that he has no objection for appointment of the Arbitrator as this Court may deem fit.
6. In the facts situation of the case and taking into account the Memorandum of Understanding entered into between the parties contains an arbitration clause namely, Clause-18, I deem it appropriate to appoint Mr. Justice S.R. Venkatesh Murthy, a Former Judge of this Court to adjudicate the dispute which has arisen 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 petitioners 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