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.249/2017 BETWEEN:
M/S. PURAVANKARA LIMITED (FORMERLY M/S. PURAVANKARA PROJECTS LIMITED) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD, BANGALORE-566 043 REPRESENTED BY ITS DEPUTY GENERAL MANAGER LEGAL - MR.PRAVEEN KUMAR. B.
(BY Mr. UDAYA HOLLA, SENIOR COUNSEL FOR Mr. JOSEPH ANTHONY, ADV.,) AND:
MR. NARESH KUMAR .K S/O N. KEMPANNA AGED ABOUT 42 YEARS NO.75, KADIGANAHALLI BETTAHALASUR POST BANGALORE NORTH-562 157. (BY Mr. P.B. AJIT, ADV.,) ... PETITIONER ... RESPONDENT THIS C.M.P IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN TERMS OF CLAUSE IX(K) OF THE MOU DATED: 24 SEPTEMBER 2015 EXECUTED BETWEEN THE PETITIONER AND RESPONDENT (ANNEXURE-A), IN THE INTEREST OF JUSTICE AND EQUITY.
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Udaya Holla, Senior Counsel, for Mr. Joseph Anthony, Adv., for Petitioner Mr. P.B. Ajit, Adv. for Respondent 1. The present petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-M/s.Puravankara Limited seeking an appointment of an Arbitrator in pursuance of Clause-k of the Memorandum of Understanding Annexure-A dated 24.09.2015 against the Respondent-Mr.K.Naresh Kumar.
2. Clause-K of the Memorandum of Understanding, which is an Arbitration clause reads as under:-
“K) Arbitration:
In event of there being any dispute with regards to this Agreement or arising out of the terms agreed herein or difference in interpretation of any of the terms hereof or breach of any terms of this agreement, the same shall be referred to Arbitration by a sole arbitrator to be mutually agreed or as per the provisions of the Arbitration or Conciliation Act, 1996. The arbitration shall be conducted in Bangalore in English Language. The award of the arbitrator shall be binding on the parties. Only the courts in Bangalore shall have jurisdiction in regards to this agreement”.
3. The notice for appointment of an Arbitrator was served by the petitioner on the Respondent, vide Annexure-Q dated 18.07.2017, 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 Anand Byrareddy 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 Anand Byrareddy, 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 Anand Byrareddy, on the address available with the said Arbitration Centre, Bengaluru.
Sd/- JUDGE Srl.