IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.65/2018 BETWEEN SANOOR CASHEW A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT SANOOR GUTHU ROAD, SANOOR - 574114, KARKALA TALUK, UDUPI DISTRICT, KARNATAKA, REPRESENTED BY ITS FIRST PARTNER, SRI. N GANESH KAMATH, S/O. LATE. SRI. N NARAYANA KAMATH, AGE ABOUT 66 YEARS. ... PETITIONER (BY SRI K.ANANDARAMA, ADVOCATE FOR SRI PRASHANTH KUMAR D, ADVOCATE.) AND 1. M/S MANGALA CASHEW INDUSTRIES PADAVINANGADI, MANGALURU, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, D. VASUDEVA KAMATH, ADULT.
2. D VASUDEVA KAMATH ADULT PARTNER/MANAGING PARTNER M/S MANGALA CASHEW INDUSTRIES PADAVINANGADI, MANGALORE 575008. ... RESPONDENTS (BY SRI S RAJASHEKAR, ADVOCATE FOR R1 & R2.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) & (5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) APPOINT AN ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS IN TERMS OF CLAUSE 5 OF THE HIGH SEAS SALE AGREEMENT DATED:14/05/2016 (ANNEXURE-D) AND CLAUSE 5 OF HIGH SEAS SALE AGREEMENT DATED:23/05/2016 (ANNEXURE-E) AND 'OTHER CONDITION NO.1' OF REVISED CONTRACT DATED:09/01/2016 (ANNEXURE-C) TO ADJUDICATE UPON THE DETERMINE THE DISPUTES BETWEEN THE PARTIES ARISING UNDER THE SAID AGREEMENTS, IN THE INTEREST OF JUSTICE.
B) GRANT COSTS OF THIS PETITION.
C) GRANT SUCH OTHER RELIEF(S) AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR “ADMISSION” THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. K. Anandarama, learned counsel for Sri. Prashanth Kumar D., learned counsel for petitioner.
Sri. S. Rajashekar, learned counsel for respondent Nos.1 and 2.
2. The petition is admitted for hearing, with the consent of the parties same is heard finally.
3. This petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 has been filed seeking appointment of an Arbitrator to adjudicate the disputes between the parties.
4. Admittedly, the parties have entered into High Seas Sale Agreement dated 14.05.2016 and 23.05.2016 and Clause 5 of the aforesaid agreements contain an arbitration clause. Admittedly, the dispute has arisen between the parties in relation to the aforesaid agreements and the petitioner by notice dated 01.09.2017 and 17.12.2017 has invoked the arbitration clause under the aforesaid agreements. Thereafter, the petitioner has approached this court.
5. After hearing the learned counsel for the parties, admittedly the agreements contains an arbitration clause and the dispute has arisen between the parties. Therefore, taking into account the mandate contained in Section 11(6a) of the Arbitration and Conciliation Act, 1996, I deem it appropriate to appoint Sri. Moosa Knuhi Nayarmoole, a former retired District and Sessions Judge taking into account the fact that the venue of the arbitration is Mangalore as prescribed under the agreements as a sole Arbitrator to adjudicate the dispute between the parties in relation to the agreement dated 14.05.2016 and 23.05.2016.
A copy of this order may be transmitted to Sri. Moosa Knuhi Nayarmoole, a former retired District and Sessions Judge.
Accordingly, the petition is disposed of.
Sd/- JUDGE Chs* CT:HR