IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.187 OF 2018 BETWEEN:
M/S. MAC CHARLES (I) LTD.
A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT P.B.NO.174, NO.28, SANKEY ROAD BANGALORE-560 052.
REPRESENTED BY ITS VICE PRESIDENT FINANCE AND COMPANY SECRETARY:
MR. M.S. REDDY AGED ABOUT 62 YEARS S/O. SRI M. BASI REDDY. …PETITIONER (BY SRI SATYANAND B.S., ADV.) AND:
1. M/S. TRISHUL DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.109-B MITTAL TOWERS, NO.6, M.G. ROAD BANGALORE-560 001.
DULY REPRESENTED BY RESPONDENT NOS. 2 TO 5, BEING ITS PARTNERS.
2. MR. NIRAJ MITTAL S/O. MR. O.P. MITTAL AGED ABOUT 43 YEARS.
3. MR. O.P. MITTAL S/O. LATE MALIRAM MITTAL AGED ABOUT 69 YEARS.
4. MRS. UMA MITTAL W/O. MR. O.P. MITTAL AGED ABOUT 62 YEARS.
5. MRS. JYOTHI MITTAL W/O. MR. NIRAJ MITTAL ALL RESIDING AT NO.94D MITTAL NIVAS, 9TH CROSS ROAD RMV EXTENSION BANGALORE-560 080. …RESPONDENTS (R1, R2, R3, R4 AND R5 SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) & (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO 1. APPOINT ANY COMPETENT PERSON AS AN ARBITRATOR TO ADJUDICATE UPON THE DISPUTE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT COMPANY AS STIPULATED UNDER CLAUSE 6, OF THE LOAN AGREEMENT DATED: 11.08.2015 ANNEXUE-B AND CLAUSE 9, OF THE DEED OF GUARANTEE DATED: 11.08.2015 ANNEXURE-C. 2. GRANT SUCH OTHER ORDERS AS DEEMED FIT BY THIS HON’BLE COURT.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Satyanand B.S., learned counsel for petitioner. None appear for the respondents though served.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for petitioner at length and perused the records.
5. From perusal of the records, it is evident that the parties have entered into a Loan Agreement on 11.08.2015. Admittedly, Clause-6 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioner has sent a notice to the respondents on 08.08.2017 invoking the arbitration clause. However, no response was received from the respondents. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing 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 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 Ashok L. Pujar, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute 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 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, the petition is disposed of.
Sd/- JUDGE ST