IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.171 OF 2015 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 OFFIC AT NO.10, 3RD MAIN ASHWINI LAYOUT INTERMEDIATE RING ROAD EJIPURA, KORMANGALA BENGALURU AND REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. SIVA SUBRAMANIAN G. …PETITIONER (BY SRI MAYANNA B.L., ADV. FOR SRI B.N. PRAKASH, ADV.) AND:
CHANDRA’S CONCEPT SCHOOL BALA KRISHNA NAGAR 4-36-226/6, NEAR INDIAN GAS GODOWN, HYDERABAD KUKATPALLY ANDHRA PRADESH-500 072 AND REPRESENTED BY ITS SECRETARY. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT IS DEEMED TO BE COMPLETED V/O. DT. 22.02.2019) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) APPOINT AN ARBITRATOR IN TERMS OF THE ARBITRATION AGREEMENT CONTAINED IN THE AGREEMENT DATED:02/01/2012 TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT, BY APPOINTING MR. YESWANTH KUMAR, CIVIL JUDGE (RETIRED), BENGALURU AS SOLE ARBITRATOR.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the respondent, though served.
Sri Mayanna B.L., for Sri B.N. Prakash, learned counsel for petitioner.
2. The petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner inter alia seeks for appointment of a Sole Arbitrator to resolve the dispute between the parties.
4. The facts giving rise to filing the petition briefly stated are that the parties had entered into an agreement dated 02.01.2012. Clause-15.10 of the aforesaid agreement contains an arbitration clause which reads as under:
“15.10 All disputes and differences whatsoever which may at any time hereafter (whether during the continuance of these presents or upon or after its discharge or determination) arise between the parties hereto in respect of, concerning touching or arising out of these presents, shall be amicably settled in the first instance failing which it shall be referred to arbitration. The arbitration shall be conducted by a sole arbitrator to be mutually agreed upon by the parties and in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 with any statutory modifications or re-enactments thereof for the time being in force. The venue of the Arbitration shall be Bangalore only. The expenses of the Arbitration proceedings shall be shared by each party in equal proportion or as per the decision of the Arbitrator.”
5. The petitioner served the notice to the respondent on 26.12.2014 invoking the arbitration clause. However, the respondent has refused to accept the aforesaid notice. Thereafter, despite service of notice on the respondent, the respondent has not chosen to appear before this Court.
6. Having heard the learned counsel for the petitioner and on perusal of the records, it is evident that the agreement dated 02.01.2012 is in existence which contains an arbitration clause and the disputes have arisen between the parties, the same needs to be adjudicated by an Arbitrator in terms of Clause-15.10 of the agreement.
7. In view of the aforementioned reasons, 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.
8. 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 ST