IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.59/2018 BETWEEN M/S PINAKA INFOMATICS PVT. LTD., D-111, CHANDRA KIRAN APARTMENTS, 42/1, NETAJI ROAD, FRAZER TOWN BENGALURU-560005 REPRESENTED BY ITS MANAGING DIRECTOR. ... PETITIONER (BY SRI THOMAS VELLAPALLY, ADVOCATE.) AND KARNATAKA STATE ELECTRONICS DEVELOPMENT CORP. LTD., (KEONICS) PRESENTLY AT 2ND FLOOR, TTMC ‘A’ BLOCK, BMTC COMPLEX, SHANTHINAGAR, K H ROAD, BENGALURU-560027 REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENT (BY SRI NISHANTH A V, ADVOCATE.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5 AND 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO:
1. APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 16(9) OF THE AGREEMENT (ANNEXURE 'A' HERETO) TO CONSTITUTE AN ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES BETWEEN THE PARTIES.
2. TO GRANT COSTS OF THIS PETITION TO THE PETITIONER, AND 3. TO GRANT SUCH OTHER AND FURTHER RELIEFS/ORDERS AND/OR DIRECTIONS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER, TO GRANT TO THE PETITIONER, IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR “ADMISSION” THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. Thomas Vellapally, learned counsel for petitioner. Sri. Nishanth A.V., learned counsel for respondent.
2. The petition is admitted for hearing, with the consent of the parties same is heard finally.
3. By means of this petition under Section 11 (5) of the Arbitration and Conciliation Act, the petitioner seeks appointment of an Arbitrator to adjudicate the dispute between the parties. Admittedly, the parties have entered into an agreement on 19.04.2010. The dispute has arisen between the parties with regard to the agreement in question thereupon, the petitioner sent a notice on 05.12.2017 invoking the arbitration clause.
4. Learned counsel for the parties jointly submitted that the agreement contains arbitration clause to resolve the dispute between the parties and arbitrator be appointed to adjudicate the dispute between the parties.
5. In view of the aforesaid submissions and after hearing the learned counsel for the parties, I deem it appropriate to appoint Mr. Justice Ajit J. Gunjal, a former judge of this court as an Arbitrator to adjudicate the dispute between the parties.
6. In view of preceding analysis the petition filed by the petitioner under Section 11(6) of the Act succeeds and is hereby allowed. In view of the aforesaid submissions and as prayed by learned counsel for the parties, Mr. Justice Ajit J. Gunjal, a former judge of this court is appointed as sole Arbitrator to adjudicate the dispute between the parties.
7. 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, the petition is disposed of.
Sd/- JUDGE Chs* CT:HR