IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE C.M.P.No.285/2017 BETWEEN:
Mrs. Selma Sequeira, W/o Ivan Sequeira, Aged 51 years, R/at Door No.25-14-840/1, Victoria, Near Valencia Church, Kankanady Post, Mangaluru – 575 002, Represented by her Power of Attorney Holder, Sri Ivan Sequeira, S/o late Victor Sequeira, R/at Door No.25-14-840/1, Victoria, Near Valencia Church, Kankanady Post, Mangaluru – 575 002. … PETITIONER (By Sri Cyril Prasad Pais, Adv.) AND:
1. Sri Srinath Hebbar, S/o late Srinivas Hebbar, Aged about 52 years, Land Traders, First Floor, New Milagres Mansion, Falnir Road, Mangaluru – 575 002.
2. Mr. Maxwell Lobo, S/o Leonard Marian Lobo, Aged about 52 years, Partner, Dolphin Bar & Restaurant, Kadri, Mangaluru – 575 002. … RESPONDENTS (By Sri Anandarama.K., Adv.) This civil miscellaneous petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint an arbitrator to arbitrate the dispute between the petitioner and the respondents as per the partnership deed dated 03.03.2004.
This petition coming on for admission, this day, the Court made the following:
ORDER Mr. Cyril Prasad Pais, learned Counsel for the petitioner and Mr. Anandarama.K., learned Counsel for the respondents.
The petition is admitted for hearing. With the consent of the learned Counsel for the parties, the same is heard finally.
2. By means of this petition under Section 11 of the Arbitration & Conciliation Act, 1996, the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute that has arisen between the petitioner and the respondent in respect of the partnership deed dated 03.03.2004.
3. I have heard the learned Counsel for the parties at length.
4. Admittedly, parties have entered into a partnership deed on 03.03.2004. Clause 19 of the said agreement contains arbitral clause, which reads as under:
“19. In case any dispute arises amongst the partners regarding the interpretation of this Deed or touching upon any other matter connected with this Partnership, the same shall be referred to arbitration under the provisions of the Indian Arbitration and Concliliation Act, 1996.”
5. The petitioner has sent a notice on 24.03.2017 proposing the appointment of Sri Dayananda Rao K.S., Advocate, as the arbitrator. The respondents replied on 07.04.2017 stating that there was nothing to arbitrate between them. In the aforesaid factual background, this petition is filed.
6. Learned Counsel for the parties jointly submit that as per Clause 19 of the partnership deed, the dispute between the parties has to be adjudicated by the sole arbitrator and the matter be referred for arbitration. At this stage, learned Counsel for the respondents submits that they may be granted liberty to raise before the arbitrator all such contentions as may be permissible in law.
7. In the fact situation of the case and having taken into account the arbitration clause contained in the construction agreement, I deem it appropriate to appoint Sri Moose Kunhi Nayar Moole, Retired District Judge, as the sole arbitrator to adjudicate the dispute between the parties. Office is directed to transmit the copy of this order to Sri Moose Kunhi Nayar Moole. Accordingly, petition is disposed of. Needless to state that the parties are at liberty to raise before the arbitrator all the contentions open to them in law.
Sd/- JUDGE KK