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.122/2016 BETWEEN:
M/S. SHAHI EXPORTS PRIVATE LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES’ ACT 1956) HAVING ITS REGD. OFFICE AT P.B.NO.3449, SY.NO.13, 14 & 15 BELANDUR GATE SARJAPUR ROAD BENGALURU – 560 102 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI.GOPALAKRISHNA HEGDE …PETITIONER (BY SRI NAYAN KUMAR, ADV. FOR SRI A.M.VIJAY, ADV.) AND:
SMT. R.K.DIVYASHREE W/O SRI.G.A.LOKESH MAJOR RESIDENT OF NO.15 3RD MAIN, G.M.PALYA NEW THIPPASANDRA (PO) BENGALURU – 560 075 ... RESPONDENT (NOTICE TO RESPONDENT, HELD SUFFICIENT VIDE ORDER DATED 20.09.2017) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ORDER FOR THE APPOINTMENT OF SRI.KUKKAJE RAMAKRISHNA BHAT, DISTRICT JUDGE (RETD.), NO.F-113, 3RD FLOOR, II MAIN, GANDHINAGAR, BENGALURU – 9, AS THE SOLE ARBITRATOR FOR THE RESOLUTION OF THE DISPUTES WHICH HAVE ARISEN BETWEEN THE PARTIES AND GRANT SUCH OTHER RELIEFS THAT THIS HON’BLE COURT DEEMS FIT 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 filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking that the Sole Arbitrator be appointed to resolve the dispute between the parties.
2. The petitioner and the respondent had entered into a rental agreement dated 01.10.2013 as at Annexure-A to the petition. Since according to the petitioner, the respondent has committed breach of the terms, a dispute has arisen between the parties. Since, Clause-15 of the agreement provides that all disputes and differences are to be referred to arbitration, the petitioner had got issued a notice invoking the arbitration clause. The respondent had refused to receive the notice by not claiming the same. It is in that light, the petitioner has filed the instant petition seeking appointment of the Sole Arbitrator.
3. The notice issued from this Court was also not claimed by the respondent and as such, notice to the respondent is held sufficient. In that light, there being no objection to this petition, I have taken note of the rental agreement dated 01.10.2013.
4. A perusal of the same would indicate that the parties have agreed that in the event of there being dispute, the same is to be resolved through arbitration. In that light, since the respondent has not objected to the instant petition wherein, the petitioner has sought for appointment of the Sole Arbitrator as named therein, the instant petition is allowed as prayed.
5. Accordingly, Sri Kukkaje Ramakrishna Bhat, retired District Judge, No.F-113, 3rd Floor, II Main, Gandhinagar, Bengaluru-09 is appointed to act as the Sole Arbitrator to resolve the dispute between the parties. A copy of this order be dispatched to the learned Arbitrator. The petitioner to also file the necessary papers before the learned Arbitrator, who shall thereupon enter reference, issue notice to the parties and adjudicate the dispute between the parties in terms of the provisions as contained in the Arbitration and Conciliation Act, 1996.
The petition is accordingly disposed of.
Sd/- JUDGE ST