IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION NO.19 OF 2019 BETWEEN:
M/s Lyrus Life Sciences Pvt. Ltd A Company incorporated under the provisions of the Companies Act, 1956 having registered office at No.22 7th Cross Road, Jaibharath Nagar Bangalore 560 033 Represented herein by its authorized signatory, D Ramesh Aged about 51 years Son of D Perraju.
... Petitioner (By Sri.Chethan C for Sri.Kashyap N Naik, Advocates) AND:
M/s Celogen Pharma Pvt. Ltd A company incorporated under the provisions of the Companies Act, 1956 having its registered office at B-106 Techno City, X 4/1, TTC Industrial Area MIDC, Mahape, Navi Mumbai-400710 Represented herein by its Executive Director, Mr. T R Matthews.
... Respondent (By Sri.Giridhar H, Advocate) This CMP is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying to (a) Appoint an Arbitrator on behalf of the respondent in terms of Clause 14.14 of the Product Development Agreement dated 31.08.2016 to constitute the Arbitral Tribunal to adjudicate the disputes between the parties herein; and etc.
This CMP coming on for Admission, this day, the Court made the following:
ORDER The petitioner filed the present Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint a sole arbitrator to adjudicate the disputes arisen between the parties in terms of Clause 14.14 of Product Development Agreement dated 31.08.2016.
2. It is the case of the petitioner that both the parties entered into Product Development Agreement dated 31.08.2016 to develop certain pharmaceutical products and product dossiers. The respondent also undertook that it will be responsible for ascertaining Lyrus’ requirements for the product, based on discussions with Lyrus and its relevant personnel. Upon finalisation of specifications, Celogen/respondent shall develop the product and the product dossier as per the timelines in Annexure-D and etc.
3. When the matter came up before the Court today, learned Counsel for petitioner filed a memo dated 25.07.2019 nominating Sri.Bharatesh Jagashetty, retired Drug Controller (Karnataka) and Former National Advisor (Drug Control), Ministry of Health and Family Welfare as sole arbitrator to adjudicate the dispute between the parties.
4. The same is not disputed by the learned counsel for the respondent and he is readily agreed for appointment of an arbitrator as the dispute involved between the parties pertains to technical pharmacy products.
5. The said submission is placed on record.
6. In view of the above submission made by the learned counsel for the parties, there is no impediment to appoint an arbitrator to adjudicate the dispute between the parties.
7. In view of the above, Civil Miscellaneous Petition is allowed. Sri.Bharatesh Jagashetty, retired Drug Controller (Karnataka) and Former National Advisor (Drug Control), Ministry of Health and Family Welfare is appointed as a sole Arbitrator to adjudicate the dispute in terms of Clause 14.14 of Product Development Agreement dated 31.08.2016. The learned Arbitrator can adjudicate the dispute arisen between the parties at Arbitration Centre, Bangalore or any other suitable place after prior consent from both the parties.
Office is directed to send a copy of this order to Sri.Bharatesh Jagashetty, retired Drug Controller (Karnataka) and Former National Advisor (Drug Control), Ministry of Health and Family Welfare and Arbitration Centre for reference forthwith.
Sd/- JUDGE Prs*