IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Civil Misc. Petition No.199 of 2018 BETWEEN:
MPHASIS LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT BAGMANE WORLD TECHNOLOGY CENTRE MARATHALLI OUTER RING ROAD DODDANEKUNDI VILLAGE, MAHADEVAPURA BENGALURU - 560 048 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. HEMANTH ANANTH RAM (BY MR. DHANANJAY JOSHI, ADV.) AND M/S SREEVEN INFOCOM LIMITED HAVING ITS REGISTERED OFFICE AT SUITE NO. 605-A, HUDA MITRIVANAM, AMEERPET HYDERABAD - 500 038 REPRESENTED BY ITS MANAGING DIRECTOR MR. K.S.RAJU.
ALSO AT H NO. 6-3-347/18/201 MODEL HOUSE STREET DWARAKAPURI, PANJAGUTTA HYDERABAD TG - 500 082 ... PETITIONER ALSO AT 2ND FLOOR, D NO. 1-98/4/B/24 PATRIKA NAGAR, HITECH CITY HYDERABAD - 500 080.
... RESPONDENT (RESPONDENT – SERVED & UNREPRESENTED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTMENT OF A SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE ADJUDICATION OF THE PETITIONER'S CLAIM IN ACCORDANCE WITH THE SAID CLAUSE 15 OF THE SETTLEMENT AGREEMENT, DATED 02.09.2014 (ANNEXURE-A); (B) TO AWARD COSTS OF THIS PETITION TO THE PETITIONER; AND (C) TO PASS SUCH OTHER AND FURTHER ORDERS AND DIRECTION AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCE OF THIS CASE.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Dhananjay Joshi, learned counsel for the petitioner. None for the respondent, though served.
2. Petition is admitted for hearing with consent.
Heard finally.
3. By means of this application under Section 11(6) of the Arbitration and Conciliation Act, 1996, petitioner inter alia seeks appointment of the sole arbitrator to adjudicate the petitioner’s claim in accordance with clause 15 of the settlement agreement dated 02.09.2014.
4. I have heard learned counsel for the petitioner at length.
5. From the perusal of the records, it is evident that the parties had entered into an agreement on 02.09.2014. Clause 15 of the agreement contains an arbitration clause which reads as under:
“15. This Agreement shall be construed in accordance with the laws prevailing in India. Any claim or controversy arising out of or relating to this Agreement, or the making or performing or interpreting of it, shall be settled by Arbitration and the proceedings shall be held according to the Indian Arbitration and Conciliation Act, 1996 and notwithstanding the terms of the MOU dt. 3rd November, 2011, the venue shall be at Bangalore, Karnataka, India. Mphasis, may, without waiving any remedy under this Agreement, seek from any Court of competent jurisdiction any interim or provisional relief that Mphasis deems necessary to protect its Confidential Information or proprietary rights, pending the establishment of the arbitral panel or the arbitral panel’s determination of the merits of the claim. The Courts at Bangalore shall have exclusive jurisdiction on any and all disputes which may arise under the terms of this Agreement.”
6. Thus, it is evident that an agreement has been executed between the parties which is in writing, which contains an arbitration clause. Since the dispute had arisen between the parties, the petitioner had sent a notice dated 09.02.2018 to the respondent seeking appointment of an arbitrator. However, the aforesaid notice failed to evoke any response. In the aforesaid factual situation, this petition has been filed.
7. In the factual situation of the case and taking into account the fact that an agreement in writing exists between the parties, which contains arbitration clause and since dispute has arisen between the parties, Justice Subhash B. Adi is appointed to act as an Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996. Needless to state that respondent is at liberty to raise all such contentions in accordance with law.
8. Office is directed to transmit a copy of this order to Mr. Justice Subhash B. Adi. Accordingly, petition is disposed of.
Sd/- JUDGE RD