IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.153 OF 2016 BETWEEN:
M/S PEARSON INDIA EDUCATION SERVICES PRIVATE LIMITED (FORMERLY KNOWN AS TUTOR VISTA GLOBAL PVT., LTD.,) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.10, 3RD MAIN, ASHWINI LAYOUT, INTERMEDIATE RING ROAD, EJIPURA, KORMANGALA, BENGALURU AND REP. BY ITS AUTHORISED REPRESENTATIVE MR. PHILIP RAJAN.
… PETITIONER (BY SRI B.N.PRAKASH, ADVOCATE) AND:
BALAVIKAS ENGLISH MEDIUM HIGH SCHOOL 1/1080, GANDHI NAGAR, YERRAMUKAPPALI, KADAPA, ANDHRA PRADESH - 516 004.
REP. BY ITS SECRETARY … RESPONDENT (BY SRI R.B.SADASIVAPPA, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF THE ARBITRATION AGREEMENT CONTAINED IN THE AGREEMENT DATED: 4TH JUNE, 2010 TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT, BY APPOINTING MR. YESHWANTH KUMAR, CIVIL JUDGE(RETIRED), BENGALURU AS SOLE ARBITRATOR.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri B.N.Prakash, learned counsel for the petitioner. Sri R.B.Sadashivappa, learned counsel for the respondent.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’ for short), the petitioner inter alia seeks for appointment of an Arbitrator to resolve the dispute between the parties.
4. When the matter was taken up for consideration today, the learned counsel for the petitioner submitted that the parties have entered into an agreement on 04.06.2010, which contains an arbitration clause namely, clause No.16.10 of the aforesaid agreement. It is also submitted that the dispute has admittedly arisen between the parties. In that regard, the petitioner had sent a notice to the respondent on 04.12.2014 invoking the arbitration clause. It is further jointly submitted by the learned counsel for the parties that they have no objection to resolve the dispute by way of appointment of an arbitrator.
5. In view of the submission made by the learned counsel for the parties and bearing in mind the mandate contained in Section 11(6-A) of the Act, I deem it appropriate to appoint Sri S.B.N.Prakash, retired District Judge as a 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 PB