IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.15 OF 2017 BETWEEN:
M/S. LYR CONTRACTORS, DOOR NO.27-1-2-85, BALAJI NAGAR, NELLORE, ANDHRA PRADESH.
A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, SRI.P.H.REDDY.
(BY MR.SAMPATH BAPAT, ADVOCATE) AND:
UNION OF INDIA REPRESENTED BY R1 AND R2 1. THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI – 20.
2. THE DIVISIONAL RAILWAY MANAGER, SOUTH WESTERN RAILWAY, IRWIN ROAD, MYSURU – 570 001.
(BY SMT. H.C.KAVITHA, HCGP) … PETITIONER … RESPONDENTS THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISIONS OF AGREEMENT BEARING NO.112/MYS/2008 DATED 08.09.2008 AND IN CONSONANCE WITH ARBITRATION AND CONCILIATION ACT, 1996 IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Princy Ponnan, learned counsel for the petitioner.
Smt.H.C.Kavita, learned High Court Govt.
Pleader for the respondents.
2. The Petition is admitted for hearing. With consent of the parties, the same is heard finally.
3. By means of this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner interalia seeks constitution of Arbitral Tribunal to adjudicate the petitioner’s claim.
4. When the matter is taken up today, learned counsels for the parties jointly submitted that the issue involved is covered by the order dated 08.02.2019 passed by this Court in C.M.P.No.155/2017.
5. In view of the aforesaid submission and for the reasons assigned in the order dated 8th April 2019 passed in C.M.P.No155/2017, I deem it appropriate to appoint Mr.H.S.Ramanna, former District Judge as sole arbitrator to adjudicate the dispute between the parties.
6. Needless to state that the respondent shall be at liberty to take all such objections as are permissible in law before the arbitrator under Section 16 of the Act. Office to transmit a copy of this order to Mr.H.S.Ramanna, former District Judge.
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 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.
Accordingly, petition is disposed of.
Sd/- JUDGE BNV