1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI C.M.P.No.290/2017 Between:
Nongwoo Seed India Private Limited A Registered Company Having Its Office At C-12, 1st Cross KHB Industrial Estate Yelahanka New Town Bengaluru-560 064 Represented By Its Managing Director & Authorised Signatory Mr. Ham Moon Hun.
(By Mr. R. Madhusudhana Reddy, Advocate) And:
Srinivasa Rao N.V. S/O Venkoba Rao Residing At No.1362 Indiranagar Main Road Nelamangala Bengaluru-562 123.
…Petitioner …Respondent (By Mr. P.S. Jagadish, For Mr. P.B. Raju, Advocate) This C.M.P is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, Praying to refer to Arbitration Centre, Bengaluru to appoint as the sole Arbitrator to arbitrate upon the disputes between the parties as per Annexure-A & etc., This C.M.P. Coming On For Admission This Day, The Court Made The Following:-
ORDER Mr.R.Madhusudhana Reddy, Adv. for Petitioner Mr.P.S.Jagadish, Adv. for Mr.P.B.Raju, Adv. for Respondent 1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-Nongwoo Seed India Private Limited seeking an appointment of an Arbitrator in pursuance of Clause-13 of the Procurement Agreement Annexure- A dated 08.09.2016 against the Respondent- Mr.N.V.Srinivasa Rao.
2. Clause-13 of the Procurement Agreement, which is an Arbitration clause reads as under:-
“13. Any disputes, differences and or claims, arising out of and/or connected with this Procurement Agreement shall be resolved by way of arbitration under the Arbitration and Conciliation Act-1996 and subject to the Rules of the Arbitration Centre – Karnataka, established and functioning in Bangalore under the aegis of the Hon’ble High Court of Karnataka. The Arbitral Tribunal shall comprise of a sole Arbitrator to be appointed by the Said Arbitration Centre – Karnataka, upon reference of any dispute arising in connection with this Agreement by any party. The arbitration proceedings shall be conducted only in English. The arbitral tribunal may award to the party that substantially prevails on the merits its costs and reasonable expenses (including reasonable fees of its counsel.) 3. The notice for appointment of an Arbitrator was served by the petitioner on the Respondent, vide Annexure-B dated 17.04.2017, but the parties have failed to appoint any Arbitrator so far, hence this petition by the petitioner.
4. Both the learned counsels have fairly agreed to the appointment of a Former Judge of this Court namely, Mr.Justice Chandrashekaraiah to act as an Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration Centre at Bangalore.
5. Accordingly, this petition under Section 11 of the Act is disposed of by appointing Mr.Justice Chandrashekaraiah, 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.
A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Mr.Justice Chandrashekaraiah, on the address available with the said Arbitration Centre, Bengaluru.
Sd/- JUDGE BMV*