IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.130 OF 2018 BETWEEN:
Mycon Construction Limited, A company incorporated under The provisions of the Companies Act, 1956 and having its office at Industry House, 45, Race Course Road, Bengaluru 560 001 And herein represented by its General Manager, Mr.Mahendra Malpani.
… PETITIONER (BY MS.GAWRY COOTAIAH, FOR M/S. CREST LAW PARTNERS, ADVOCATE) AND:
Sartorius Stedim India Pvt. Ltd, # 69/2-69/3, Jakkasandra Kunigal Road, Nelamangala Taluk, Bengaluru 562 123.
(BY MS. SHARAVATHY P FOR ...RESPONDENT SRI C.K. DHARANESHWARAN, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR AND REFER THE DISPUTES RAISED BY THE PETITIONERS TO ARBITRATION IN TERMS OF CLAUSE 19 OF THE GENERAL CONDITIONS OF CONTRACT ANNEXURE-B AGREEMENT DATED 17.11.2016.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Ms. Gawry Cootaiah, learned Counsel for the petitioner.
Ms.Sharavathy P, learned Counsel for the respondent.
2. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator.
3. Admittedly, the parties have entered into an agreement dated 17.11.2016. Clause-19 of the General Conditions of the Contract contains an arbitration clause.
4. When the matter was taken up today, learned counsel for the parties jointly submitted that they have agreed that the disputes between them arising under the aforesaid agreement be concluded by Mr.Justice K.N.Keshavanarayana as sole Arbitrator.
5. In view of the aforesaid submission, the petition is allowed. Mr.Justice K.N.Keshavanarayana, former Judge of this Court is appointed as sole Arbitrator to adjudicate the dispute between the parties.
6. Office is directed to transmit a copy of this order to Mr.Justice K.N.Keshavanarayana.
Accordingly, the petition is disposed of.
Sd/- JUDGE akc/-