1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 08th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI C.M.P. No.91/2017 BETWEEN:
M/S. RUPTUB SOLUTIONS PRIVATE LIMITED (“TREEBO”), A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT BUILDING No.46, LEVEL 1, 2 & 3 12TH MAIN ROAD, BEHIND HSR BDA COMPLEX SECTOR 6, HSR LAYOUT, BANGALORE-560102 KARNATAKA.
REPRESENTED BY ITS AUTHORISED SIGNATORY Mr. AMIT SHARMA.
(BY SRI. SHISHIRA AMARNATH, ADV.,) AND:
M/S. AIRPORT HOTEL GRAND REPRESENTED BY ITS PROPRIETOR Mr. SUNIL YADAV L-73, MAHIPALUR NEW DELHI-110 037.
(BY SRI. AKSHAY B.M. ADV.) …PETITIONER …RESPONDENT THIS C.M.P IS FILED UNDER SECTION 11(6) OF THE ARBITRATION & CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR A ENVISIONED UNDER CLAUSE 51 OF THE AGREEMENT AND ADJUDICATE UPON AND DETERMINE AND BRING TO FINALITY THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND RESPONDENT & ETC., THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Shishira Amarnath, Adv. for Petitioner Mr. Akshay B.M. Adv. for Respondents Heard the learned counsels.
2. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996.
3. Admittedly, the Arbitrable dispute and an Arbitration Clause exists in the present case between the parties. Clause-51 of the Agreement produced before this Court vide Annexure-A dated 06.02.2016 is quoted below for ready reference:
“This agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of this Agreement may in the first instance be resolved through conciliation or mediation. In the event that the dispute(s) are not resolved within 30(thirty) days from commencement of conciliation/mediation or such longer period as the Parties may agree in writing, either Party may refer the dispute(s) to a sole arbitrator to be appointed with the mutual written consent of the Parties. The arbitral proceedings shall be conducted as per Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Bengaluru, Karnataka and the arbitral proceedings be conducted in English. Notwithstanding the provisions of this Clause, the Parties hereby submit to the exclusive jurisdiction of the Bangalore courts of competent jurisdiction insofar as it relates to obtaining any injunctive or equitable relief.”
4. Both the learned counsels agreed to the appointment of Mr.Justice Anand Byrareddy, a Former Judge of this Court to be appointed as an Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules, in the Arbitration Centre at Bangalore.
5. In view of the aforesaid, the present petition under Section 11(6) of the Act is allowed by appointing Mr.Justice Anand Byrareddy, Former Judge of this Court to act as an Arbitrator in the present case.
6. 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 TL