IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.157 OF 2017 BETWEEN:
M/S NEST BUILDERS A PARTNERSHIP FIRM OFFICE AT NO.46, 2ND MAIN, 3RD CROSS CHBCS LAYOUT, 3RD STAGE VIJAYANAGAR, BENGALURU-560040 REPRESENTED BY ITS PARTNERS 1)SRI HARISH IBRAMPUR S/O LATE SESHACHARYA AGED ABOUT 50 YEARS 2) SMT JYOTI HARISH W/O HARISH IBRAMPUR AGED ABOUT 42 YEARS.
... PETITIONER (By Sri. V.RAVIPRAKASH, ADVOCATE) AND M/S SRIRAM INFRA PROJECTS AND VENTURES PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR SRI H K GANESH S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 45 YEARS OFFICE AT NO.53, 2ND FLOOR 7TH B MAIN ROAD JAYANAGAR 4TH BLOCK BENGALURU-560001 ... RESPONDENT THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO APPOINT ANY RETIRED DISTRICT JUDGE OR ADVOCATE AS SOLE ARBITRATOR TO ADJUDICATE UPON THE CLAIMS MADE BY THE PETITIONER BEFORE THE ARBITRATION CENTRE, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY AND PASS ANY APPROPRIATE ORDER/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. V.Raviprakash, learned Counsel for the petitioner.
Despite service of notice, none has appeared on behalf of the respondent.
The petition is admitted for hearing and the matter is heard finally.
2. This petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) has been filed seeking appointment of a sole Arbitrator to adjudicate the dispute arisen between the parties out of and consequent to the agreement dated 18.09.2013.
3. Admittedly, the parties had entered into an agreement on 18.09.2013. Clauses 11.1 and 11.2 of the aforesaid agreement contains arbitration clause. Admittedly, a dispute has arisen between the parties in respect of the agreement, pursuant to which the petitioner had sent notice on 17.02.2017 invoking the arbitration clause. However, the aforesaid notice failed to evoke any response.
4. I have heard the learned counsel for the petitioner and perused the records.
5. Admittedly, the parties have entered into an agreement which contains an arbitration clause. It is not in dispute that the petitioner has sent notice invoking the arbitration clause with regard to the dispute arisen between the parties in relation to the agreement dated 18.09.2013. Therefore, bearing in mind the mandate contained under Section 11(6A) of the Act, I deem it appropriate to appoint Dr.S.B.N.Prakash, retired District and Sessions Judge as sole Arbitrator to adjudicate the dispute between the parties.
6. 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.
Accordingly, petition is disposed of.
Sd/- JUDGE ln.