IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.114 OF 2018 BETWEEN:
RUH LOGISTICS PRIVATE LIMITED NO.30, F3, DECCAN HERITAGE APARTMENT, ITI LAY OUT M.S.R. NAGAR, BENGALURU – 560 054.
REPRESENTED BY ITS MANAGING DIRECTOR SRI.VENKATESH SAMPANGI.
…PETITIONER (BY SRI. HAREESH BHANDARI FOR SRI.VISHWAJITH SHETTY S., ADVS.) AND:
1. M/S. OCEAN STEEL PRODUCTS HAVING ITS REGD. OFFICE IN #23 12TH CROSS, WILSON GARDEN BENGALURU – 27.
REPRESENTED BY ITS MANAGING PARTNER SRI.SHAFI AHMED.
2. SRI.SHAFI AHMED S/O ABDUL WAHAB MAJOR, MANAGING PARTNER M/S. OCEAN STEEL PRODUCTS HAVING ITS REGD. OFFICE IN #23 12TH CROSS, WILSON GARDEN BENGALURU – 27.
…RESPONDENTS (NOTICE TO R1 AND 2 ARE HELD SUFFICIENT VIDE ORDER DATED 29.03.2019) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS THAT HAS ARISEN UNDER THE AGREEMENT DATED 19.02.2016, IN THE INTEREST OF JUSTICE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Hareesh Bhandary, learned counsel for Sri.Vishwajith Shetty.S, learned counsel for petitioner.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the petitioner and perused the records.
5. Admittedly, the parties have entered into an agreement dated 19.02.2016 and Clause-15 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioner has sent the notice to the respondents on 08.02.2018 invoking the arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the petitioner and bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri.Ajit N.Solapurkar, a retired District 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 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 VMB