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.38 OF 2019 BETWEEN:
M/S. MKM ENTERPRISES (A PROPRIETORSHIP CONCERN) REPRESENTED BY ITS PROPRIETOR SRI M. NAGARAJU PRESENTLY RESIDING AT NO.3087, “GEETHA NIVAS”
2ND FLOOR, HIGH TENSION DOUBLE ROAD 2ND STAGE, VIJAYANAGARA MYSORE-570 017. …PETITIONER (BY SMT. VAISHALI HEGDE, ADV.) AND:
KARNATAKA STATE MINERALS CORPORATION LTD., (FORMERLY KNOWN AS MYSORE MINERALS LIMITED) REPRESENTED BY ITS MANAGING DIRECTOR PRESENTLY RESIDING AT T.T.M.C., ‘A’ BLOCK, 5TH FLOOR B.M.T.C. BUILDING, K.H. ROAD SHANTINAGAR BANGALORE-560 027. …RESPONDENT (BY SRI M. A. VENUGOPAL, ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR FOR RESOLVING THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT THAT HAVE ARISEN UNDER THE RAISING AGREEMENT DATED: 01.08.2006 AT CLAUSE NO.20, VIDE ANNEXURE-A, ADDENDUM AGREEMENTS DATED: 04.02.2008 & 09.02.2011 AND THE SUPPLEMENTARY RAISING AGREEMENT DATED: 22.04.2014, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Vaishali Hegde, learned counsel for petitioner. Sri M.A. Venugopal, learned counsel for the respondent.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(5) 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.
3. I have heard the learned counsel for the parties at length.
4. On perusal of the records, it is evident that the parties had entered into an agreement on 01.08.2006 and thereafter, addendum agreements were executed on 04.02.2008 as well as on 09.02.2011. It is not in dispute that Clause-20 of the agreement dated 01.08.2006 contains an arbitration clause. Petitioner sent notice to the respondent on 05.11.2018 invoking arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
5. When the matter was taken up for consideration today, learned counsel for the parties jointly submitted that an Arbitrator be appointed to adjudicate the dispute between the parties which has arisen in relation to the agreement executed by them.
6. In view of the aforesaid submission, as agreed to by learned counsel for the parties 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 have arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri S.R. Venkatesh Murthy, a former Judge of this Court as the sole arbitrator to adjudicate the dispute between the parties.
7. Accordingly, this petition under Section 11 of the Act is disposed of by appointing Sri S.R. Venkatesh Murthy, a former Judge of this Court, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
8. 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.
Sd/- JUDGE ST