IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA C.M.P.NO.98/2017 BETWEEN:
SAVIRASA TELEFILMS REPRESENTED BY ITS MANAGING PARTNER MR.JOTIBA KOPARDE S/O JAYAVANT S KOPARDE AGED ABOUT 36 YEARS NO.131, 3RD MAIN, 3RD CROSS 12TH BLOCK, NAGARBHAVI 2ND STAGE BANGALORE – 560 072 …PETITIONER (BY SRI H.B.RUDRESH, ADV.) AND:
1. WHITE HORSE NETWORK SERVICE PRIVATE LIMITED (WHN) REPRESENTED BY ITS DIRECTOR MR.P.KAILASAM REGISTERED OFFICE AT 3RD FLOOR G R, SAMPIGE ROAD MALLESHWARAM WEST BENGALURU – 560 003 KARNATAKA OLD OFFICE AT NO.3 EMBASSY ICON, 3RD FLOOR INFANTRY ROAD BANGALORE – 560 001 2. MR.P.KAILASAM DIRECTOR REGISTERED OFFICE AT 3RD FLOOR G R, SAMPIGE ROAD MALLESHWARAM WEST BENGALURU – 560 003 KARNATAKA ... RESPONDENTS (BY SRI PAVAN SAGAR, ADV. FOR SRI B.VACHAN, ADV. FOR R1;
R2 IS SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. ALLOW THE ABOVE PETITION AND APPOINT THE SOLE ARBITRATOR OR ANY OTHER SUITABLE PERSON THAT THIS HON’BLE COURT DEEMS FIT SO AS TO ENTER ON REFERENCE AND DECIDE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS IN RESPECT OF AGREEMENT FOR COMMISSIONED PROGRAM I.E., ANNEXURE – C AS PER THE PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996. B. AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, INCLUDING COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER The petitioner is before this Court in this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Sole Arbitrator.
2. The petitioner and the respondents have entered into an agreement for commissioned program dated 18.12.2015. In respect of the same, certain disputes have arisen between the parties. Since, Clause 19 of the said agreement provides for arbitration, the petitioner had got issued a notice invoking the said Clause and seeking for appointment of the Arbitrator to resolve the dispute between the parties. Since, the respondents did not appoint an Arbitrator, the petitioner is before this Court.
3. Insofar as the agreement having been entered and the same containing an arbitration Clause, there is no serious dispute between the parties. However, with regard to the merits of the contention relating to the dispute that has arisen between the parties, it is matter to be considered by the learned Arbitrator. Hence, all contentions in that regard are left open.
4. In that view, Sri K.H. Mallappa, retired District Judge is appointed to act as the Sole Arbitrator to resolve the dispute between the parties. The arbitration proceedings shall be in terms of the Act and the Rules governing the Arbitration Centre, Bengaluru. Registry to dispatch a copy of this order to the Arbitration Centre, Bengaluru. The parties shall also approach the Arbitration Centre, Bengaluru and file the necessary papers. The learned Arbitrator shall thereupon enter reference, issue notice to the parties and thereafter proceed further in accordance with law.
5. The petition is accordingly disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.
Sd/- JUDGE ST