IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA C.M.P. No.111/2017 BETWEEN:
MARQUIS HOTELS LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: DANDO, SINQUERIM BEACH, CANDOLIM, GOA-403515 AND OFFICES AT:
# 1O, IST FLOOR, KCD COMPLEX, 3RD CROSS, MISSION ROAD, BENGALURU-560027 REP. BY ITS AUTHORIZED SIGNATORY, MR.JOAQUIM MORANHA (BY SRI PRAMOD NAIR, ADV.) AND:
CHURCH OF SOUTH INDIA TRUST ASSOCIATION A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT: NO.5, WHITES ROAD, ROYAPETTAH, CHENNAI-600014 AND OFFICE AT:
KARNATAKA CENTRAL DI0CESES, NO.20, THIRD CROSS, CSI COMPOUND, ... PETITIONER BANGALORE-560027 REP. BY ITS SECRETARY (BY SRI K M SOMASHEKARA, ADV. FOR SRI C R GOPALASWAMY, ADV.) ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ARBITRATE UPON THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT AS PER ANNEXURE-E; GRANT COSTS OF THIS PETITION TO THE PETITIONER; AND GRANT SUCH OTHER RELIEFS AS THE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court in this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of the sole Arbitrator to arbitrate upon the disputes between the petitioner and the respondent.
2. The petitioner and the respondents have entered into a lease deed dated 12.08.2014. Since certain disputes have arisen relating to performance of the terms and conditions therein, the petitioner has filed the instant petition seeking appointment of the sole Arbitrator to resolve the dispute between the parties. The agreement dated 12.08.2014 is at Annexure-E to the petition. Clause 11 thereof provides that in the event of there being dispute in the implementation of the terms of the deed, the same is to be resolved through the Arbitration. The nature of the correspondence exchanged between the parties would disclose that the petitioner having invoked the clause contained in the agreement has also suggested the name of the learned Arbitrator. Despite service of the said notice, the respondents have neither replied nor consented to the same. It is in that circumstance, the petitioner is before this Court.
3. Though the respondents do not admit the claim on merits as made by the petitioner, the fact of existence of the arbitration clause for appointment of the Arbitrator to arbitrate the disputes is not seriously disputed. In that view of the matter, I find it appropriate to accept the prayer made in this petition and appoint the sole Arbitrator to resolve the dispute between the parties.
4. Accordingly, Sri Justice N. Kumar, a former Judge of this Court is appointed to act as a sole Arbitrator to resolve the dispute between the parties.
5. 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.
The petition is disposed of accordingly.
Sd/- JUDGE hrp/bms