IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO. 49 OF 2019 C/W CIVIL MISCELLANEOUS PETITION NOS.
46/2019,47/2019,48/2019 IN CMP NO. 49/2019:
BETWEEN:
M/S. S-MAC SECURITY SERVICES PRIVATE LIMITED NO.232, 6TH A MAIN, 2ND BLOCK, HRBR LAYOUT,KALYAN NAGAR, BENGALURU-560043 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR … PETITIONER (BY SRI. AMRUTHESH C, ADV.) AND:
M/S.NITESH PROPERTY MANAGMENT PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, NITESH TIME SQUARE, 8 M.G. ROAD, BENGALURU-560001.
REPRESENTED BY ITS MANAGING DIRECTOR … RESPONDENT (BY SRI. ZULFIKAR KUMAR SHAFI,ADV.) - - -
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (I) APPOINT AN ARBITRATOR IN TERMS OF CLAUSE X OF THE AGREEMENT DATED 19/03/2016 (MARKED AS ANNEXURE-A), ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT TO RESOLVE THE DISPUTE INTERSE BETWEEN THEM AS NOTIFIED IN THE NOTICES DATED 07/02/2017 AS PER ANNEXURE-C TO C9 AND (II) GRANT SUCH OTHER RELIEF/S THAT THIS HON'BLE COURT DEEMS FIT TO GRANT TO THE PETITIONER IN THE AFORESAID ATTENDANT FACTS AND CIRCUMSTANCES IN THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
IN CMP NO. 46/2019:
BETWEEN:
M/S. S-MAC SECURITY SERVICES PRIVATE LIMITED NO.232, 6TH A MAIN, 2ND BLOCK, HRBR LAYOUT,KALYAN NAGAR, BENGALURU-560043 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR … PETITIONER (BY SRI. AMRUTHESH C, ADV.) AND:
M/S. NITESH ESTATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFICE AT 7TH FLOOR, NITESH TIME SQUARE, 8 M.G. ROAD, BANGALORE 560 001, REPRESENTED BY ITS MANAGING DIRECTOR … RESPONDENT (BY SRI. ZULFIKAR KUMAR SHAFI,ADV.) - - -
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (I) APPOINT AN ARBITRATOR IN TERMS OF CLAUSE X OF THE AGREEMENT DATED 19/03/2016 (MARKED AS ANNEXURE-A), ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT TO RESOLVE THE DISPUTE INTERSE BETWEEN THEM AS NOTIFIED IN THE NOTICE DATED07/02/2017 AS PER ANNEXURE-D AND (II) GRANT SUCH OTHER RELIEF/S THAT THIS HON'BLE COURT DEEMS FIT TO GRANT TO THE PETITIONER IN THE AFORESAID ATTENDANT FACTS AND CIRCUMSTANCES IN THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
IN CMP NO. 47/2019:
BETWEEN:
M/S. S-MAC SECURITY SERVICES PRIVATE LIMITED NO.232, 6TH A MAIN, 2ND BLOCK HRBR LAYOUT, KALYAN NAGAR, BENGALURU-560043 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR … PETITIONER (BY SRI. AMRUTHESH C, ADV.) AND:
M/S.NITESH RESIDENCY HOTEL PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE NO.25/A, 2ND FLOOR, IMPERIAL COURT CUNNINGHAM ROAD, BANGALORE-560052 REPRESENTED BY ITS MANAGING DIRECTOR … RESPONDENT (BY SRI. ZULFIKAR KUMAR SHAFI,ADV.) - - -
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (I) APPOINT AN ARBITRATOR IN TERMS OF CLAUSE X OF THE AGREEMENT DATED 26/06/2013 (MARKED AS ANNEXURE-A), ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT TO RESOLVE THE DISPUTE INTERSE BETWEEN THEM AS NOTIFIED IN THE NOTICE DATED 07/02/2017 AS PER ANNEXURE-D AND (II) GRANT SUCH OTHER RELIEF/S THAT THIS HON'BLE COURT DEEMS FIT TO GRANT TO THE PETITIONER IN THE AFORESAID ATTENDANT FACTS AND CIRCUMSTANCES IN THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
IN CMP NO. 48/2019:
BETWEEN:
M/S. S-MAC SECURITY SERVICES PRIVATE LIMITED NO.232, 6TH A MAIN, 2ND BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENGALURU-560043 REP BY ITS CHAIRMAN AND MANAGING DIRECTOR … PETITIONER (BY SRI. AMRUTHESH C, ADV.) AND:
M/S.NITESH HOUSING DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 7TH FLOOR, NITESH TIME SQUARE, 8 M G ROAD, BANGALORE-560 001 REP BY ITS MANAGING DIRECTOR … RESPONDENT (BY SRI. ZULFIKAR KUMAR SHAFI,ADV.) - - -
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (I) APPOINT AN ARBITRATOR IN TERMS OF CLAUSE X OF THE AGREEMENT DATED 19/03/2016 (MARKED AS ANNEXURE-A), ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT TO RESOLVE THE DISPUTE INTERSE BETWEEN THEM AS NOTIFIED IN THE NOTICE DATED 07/02/2017 AS PER ANNEXURE-B TO B2 AND (II) GRANT SUCH OTHER RELIEF/S THAT THIS HON'BLE COURT DEEMS FIT TO GRANT TO THE PETITIONER IN THE AFORESAID ATTENDANT FACTS AND CIRCUMSTANCES IN THE CASE, IN THE INTERESTS OF JUSTICE AND EQUITY.
THESE CMP’s COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Amruthesha.C, learned counsel for petitioner.
Sri Zulfikar Kumar Shafi, learned counsel for the respondents.
The petitions are admitted for hearing and the same are heard finally.
2. By means of these petitions under Section 11(5) and (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator.
3. The learned counsel for the parties jointly submitted that the parties in C.M.P.Nos.49/2019, C.M.P. No.46/2019 and C.M.P.No.48/2019 had entered into separate agreements on 19.03.2016 and in C.M.P.No.47/2019 the parties had entered into agreement on 26.06.2013. The said agreements contains an arbitration clause. Petitioner sent notice on 07.02.2017 invoking arbitration clause. However, no response was received from the respondents.
4. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator. After hearing the 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 agreements and the agreements, admittedly, contains an arbitration clause and the dispute between the parties have arisen with regard to the aforesaid agreements, I deem it appropriate to appoint Sri H.R.Deshpande, Retired District & Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
5. Accordingly, these petitions under Section 11 of the Act are disposed of by appointing Sri H.R.Deshpande, Retired District & Sessions Judge, to enter into the said reference of Arbitration and act as an Arbitrator in the present cases 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 Sri H.R.Deshpande, Retired District & Sessions Judge on the address available with the said Arbitration Centre, Bengaluru.
Snb/ Sd/- JUDGE