IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.6 OF 2018 BETWEEN:
M/S. QVC REALTY CO. PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT OFFICE AT NO.619, ACERON TERVEZO, FIRST FLOOR 6TH B MAIN, 17TH A CROSS INDIRANAGAR 2ND STAGE BENGALURU-560 038.
REPRESENTED BY ITS MANAGING DIRECTOR/CEO MR. PRAKASH GURBAXANI. …PETITIONER (BY SRI BHARGAVA D. BHAT, ADV. FOR SRI THONTADHARYA R. K., ADV.) AND:
1. DR. VISHWANATH G. VASISHTA S/O. A. GOPALKRISHNA AGED ABOUT 58 YEARS R/AT NO.609, FERNS PARADISE DODDANEKUNDI OUTER RING ROAD MARATHAHALLI BANGALORE-560 037.
2. MRS. SUPRIYA VASISHTA W/O. DR. VISHWANATH G. VASISHTA AGED ABOUT 52 YEARS R/AT NO.609, FERNS PARADISE DODDANEKUNDI OUTER RING ROAD MARATHAHALLI BANGALORE-560 037. …RESPONDENTS (R1 AND R2 SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT ANY RETIRED JUDGE OF THIS HON’BLE COURT OR ANY RETIRED DISTRICT JUDGE, AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE CONSTRUCTION AND FACILITIES AGREEMENT VIDE ANNEXURE ’C’ DATED: 16.03.2013 IN RESPECT OF THE CLAIMS AND CONTRA RAISED BY THE PETITIONER AND RESPONDENTS BEFORE THE ARBITRATION CENTRE, BANGALORE TO SERVE THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Bhargava D. Bhat, learned counsel for Sri Thontadharya R.K., learned counsel for petitioner.
None for the respondents though served.
2. The petition is admitted for hearing and the same is heard finally.
(hereinafter referred as ‘the Act’, for short), the petitioner inter alia seek appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the petitioner at length and perused the records.
5. From perusal of the records, it is evident that the parties had entered into sale agreement and construction and facilities agreement on 16.01.2013. Admittedly, Clause-16 and Clause-22 respectively of the aforesaid agreements contains an arbitration clause. The dispute between the parties has arisen and the petitioner has sent a notice to the respondents on 14.06.2017 invoking the arbitration clause. The respondents, by reply dated 25.07.2017 agreed for arbitration but, did not agree for the name of the arbitrator which was proposed by the petitioner. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. Taking into account the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties have entered into the agreements and the agreements, admittedly, contains arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri I.S. Antin, retired District and Sessions Judge, as the 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.
Original documents, if any, shall be furnished to the petitioner, on substituting the same with photostat copies.
Accordingly, the petition is disposed of.
Sd/- JUDGE ST