IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.230 OF 2015 BETWEEN:
1. S.P.Sridhara S/o Sri.C.Panduranga Aged about 44 years Partner of M/s.Srishaila and Co.
2. S.P.Muralidhar S/o Sri.C.Panduranga Aged about 45 years Partner of M/s.Srishaila and Co.
Both are residents of “Ramalingeshwara Nilaya” #1987/1-2, M.C.C. ‘A’ Block Davangere – 577 004.
(By Sri. Satish D.B., Advocate) AND:
1. M.Mallikarjuna S/o Sri.Amarappa Partner of M/s.Srishaila and Co.
2. Rajeshwari Mallikarjuna ... PETITIONERS W/o Sri. M.Mallikarjuna Partner of M/s.Srishaila and Co. Address of the both partners:
M/s.Srishaila and Co., Door No.117/10, RMC Link Road Davangere – 577 001.
Additional Address M/s.Srishaila and Co., Plot No.74 & 75 Karur Industrial Area, KIADB Davangere – 577 006.
Also at “Manikya Giri Nivas”
#445, S.Nijalingappa Layout Davangere – 5677006.
... RESPONDENTS (By Sri. Harish Bhandary, Advocate for Sri.
S.Vishwajith Shetty, Advocate for R1 R2- served) This CMP is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to appoint any District Judge (Retd.) as Arbitrator to resolve the dispute existing between the petitioner and respondent.
This CMP coming on for Admission, this day, the Court made the following:-
ORDER Sri. Satish D.B., learned counsel for the petitioners.
Sri. Harish Bhandary, learned counsel for Sri. S.Vishwajith Shetty, learned counsel for respondent No.1.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioners inter alia seek appointment of a sole arbitrator to adjudicate the dispute between the parties.
3. On perusal of the records, it is evident that the parties had entered into a partnership deed on 01.04.2012. The said deed contains an arbitration Clause 18 to resolve the disputes between the parties by arbitration. Petitioners sent notice on 13.07.2015 invoking arbitration clause. However, no response was received from the respondents.
4. In the aforesaid factual background, petitioners have approached this Court seeking appointment of an arbitrator.
5. After hearing the learned counsel for the parties 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 a partnership deed and the said deed, admittedly, contains an arbitration clause and the dispute between the parties have arisen with regard to the aforesaid deed, I deem it appropriate to appoint Hon’ble Mr.Justice Ashok B.Hinchigeri, Former Judge of this Court as the sole arbitrator to adjudicate the dispute between the parties.
6. Accordingly, this petition under Section 11(5) of the Act is disposed of by appointing Hon’ble Mr.Justice Ashok B.Hinchigeri, 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 Hon’ble Mr.Justice Ashok B.Hinchigeri, Former Judge of this Court on the address available with the said Arbitration Centre, Bengaluru.
Accordingly, petition is disposed of.
Sd/- JUDGE Prs*