IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.120 OF 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.
(By Smt. Razia Begum, Advocate for Sri. Vijay A.M., Advocate) AND:
Sri. Muthappa, S/o Sri. Yagappa, Aged about 68 years, R/o Sy.No.64/2/126, Chikka Kammanahalli Village, Bengaluru South Taluk, Bengaluru – 560 083.
… Petitioner … Respondent (By Sri. B. S. Vishwanath, Advocate (absent)) This Civil Miscellaneous Petition is filed under Section 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 Petition coming on for Admission, this day, the Court made the following:-
ORDER Smt. Razia Begum, learned counsel for Sri. Vijay A.M., learned counsel for the petitioner.
None for the respondent.
By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petitioner inter alia seeks appointment of the Arbitrator.
2. I have heard learned counsel for the petitioner. From perusal of the record, it is evident that the parties had entered into an agreement on 25.01.2013. Clause 15 of the aforesaid agreement contains arbitration clause. By means of this arbitration clause, petitioner has sent notice dated 17.10.2015 seeking appointment of an arbitrator. However, the aforesaid notice has failed to evoke any response. In view of the aforesaid factual background, petitioner has filed this petition.
3. Admittedly, the parties had entered into an agreement which contains arbitration clause. Admittedly, dispute has arisen between the parties, which requires adjudication in the matter. Therefore, in the fact situation of the case, I deem it appropriate to appoint Sri. D. Krishnappa, Retired District and Sessions Judge as Sole Arbitrator to adjudicate the dispute between the parties.
4. In view of preceding analysis the petition filed by the petitioner under Section 11(6) of the Act succeeds and is hereby allowed. Accordingly, Sri. D. Krishnappa, Retired District and Sessions Judge is appointed as sole Arbitrator to adjudicate the dispute between the parties.
5. 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 Mds/-