IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.324 OF 2017 BETWEEN:
SEI ADITI POWER PRIVATE LIMITED 10TH FLOOR, MENON ETERNITY NO.165, ST. MARY’S ROAD ALWARPET, CHENNAI-600 018.
REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SHARAN B S/O. SHIVALINGAPPA MUDHOL AGED ABOUT 46 YEARS HAVING ITS OFFICE AT 701-702 PRESTIGE MERIDIAN 2 NO.30, M.G. ROAD BENGALURU-560 001. …PETITIONER (BY SRI. NAMAN SARASWAT, ADV.) AND:
1. MR. P.B. VENKATTANNA S/O. LATE SRI KURI RAMAPPA RESIDING AT PALAVALLI VILLAGE PAVAGADA TALUK TUMKUR DISTRICT.
2. MR. P.V. MANJUNATH.
3. MR. P.V. BADRINATH.
4. MRS. P.V. PADMA.
5. LAND BANK. …RESPONDENTS (R1 SERVED AND UNREPRESENTED R2 TO R5 ARE DELETED AS PER COURT ORDER DATED 17.02.2018) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) EXERCISE THE POWER UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE INVOLVED THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS IN RESPECT OF THE AGREEMENT TO SELL DATED: 20.07.2015 (ANNEXURE-F) IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Naman Saraswat, learned Counsel for the petitioner.
The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the matter is heard finally.
2. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an Arbitrator.
3. I have heard learned counsel for the parties at length. Admittedly, the parties have entered into an agreement on 20.07.2015. Clause 16.3 of the Agreement contains an arbitration clause. The dispute between the parties has arisen in relation to the aforesaid agreement. The petitioner admittedly has sent a notice on 01.03.2016 invoking the arbitration clause. Thereafter this petition has been filed.
4. On perusal of the record, it is evident that the parties have entered into an agreement which contains an arbitration clause and the dispute has arisen between the parties.
5. Therefore, keeping in view of Section 11(6-A) of the Arbitration and Conciliation Act, 1996 I deem it appropriate to appoint Sri Ashok B,Hinchigeri, former Judge of this Court as sole Arbitrator to adjudicate the dispute between the parties.
6. 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 akc/-