IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE C.M.P.NO.133/2016 BETWEEN:
SAKET ENGINEERS PVT. LTD.
PRESENTLY HAVING ITS REGISTERED OFFICE AT NO.47, 3RD MAIN ROAD MILL AREA, GANGANAGAR BANGALORE-560 032 AND ALSO A BRANCH OFFICE AT SY NO.58/1,2,3 SAKET CALLIPOLIS OPP TO HDFC BANK NEAR WIPRO CORPORATE OFFICE DODDAKANNAHALLI VILLAGE SARJAPURA ROAD, BANGALORE-35 ... PETITIONER (BY SRI B.M.HALASWAMY, ADVOCATE) AND:
1. M/S. INDUS SPORTS RESORTS PVT. LTD. NO.105, WIDIA LAYOUT VIJAYANAGAR BANGALORE-560 040 REPRESENTED BY ITS DIRECTOR B. BHASKAR RAI 2. MR. DEEPAK M/S. MANDALA ARCHITECT NO.182, WHEELER ROAD EXTENSION ST. MARY’S TOWN BANGALORE-560 084 ... RESPONDENTS (BY SRI K.S.BHEEMAIAH, ADV. FOR R1) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR WHO IS A FELLOW OF INDIAN INSTITUTE OF ARCHITECTS OR REFER THE CASE FOR ARBITRATION CENTRE FOR APPOINTING AN ARBITRATOR TO ADJUDICATE UPON THE DISPUTE BETWEEN THE PARTIES.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri B.M.Halaswamy, learned counsel for the petitioner.
Sri K.S.Bheemaiah, learned counsel for respondent no.1.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner seeks for appointment of an Arbitrator.
4. When the matter was taken up today, the learned counsel for the parties jointly submit that they had entered into an agreement on 09.04.2010 which contains an arbitration clause and the dispute has arisen between the parties in relation to the aforesaid agreement. It is further submitted that a sole arbitrator may be appointed to adjudicate the dispute between the parties.
5. In view of the aforesaid submissions made by the learned counsel for the parties and with their consent, Mr. Justice S.R.Venkatesh Murthy, Former Judge of this Court is appointed as a sole Arbitrator to adjudicate the dispute between the parties.
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.
Accordingly, petition is disposed of.
Sd/- JUDGE hkh.