IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.279 OF 2018 BETWEEN:
M/S. SKY GROUP NO.21/2, 1ST MAIN ROAD GANDHINAGAR BANGALORE-560 009.
REPRESENTED BY ITS PROPRIETOR SRI. AKASH. M. …PETITIONER (BY SRI PRAKASH M.H., ADV.) AND:
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOOR EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560 001.
REPRESENTED BY THE CHIEF DEVELOPMENT OFFICER AND CHIEF ENGINEER. …RESPONDENT (BY SRI. P.V. CHANDRASHEKAR, ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (i) APPOINT AN ARBITRATOR EMPANELLED AT THE ARBITRATION CENTER ADMINISTERED BY THE HIGH COURT OF KARNATAKA TO ARBITRATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT REGARDING THE DISPUTE ARISE PURSUANT TO CANCELLATION OF THE AGREEMENT DATED: 24.03.2017 BY THE RESPONDENT VIDE ANNEXURE ‘A’ (ii) PASS SUCH OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Prakash M.H., learned counsel for petitioner.
Sri P.V. Chandrashekar, learned counsel for respondent.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
3. On perusal of the records, it is evident that the parties had entered into an agreement on 24.03.2017. It is not in dispute that the said agreement contains an arbitration clause namely, Clause-7.2. Petitioner sent notice to the respondent on 26.06.2018 invoking arbitration clause. However, no response was received from the respondent.
4. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator. After hearing the learned counsel for the parties and bearing in mind the provision contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties have arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri H.S. Ramanna, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
5. Accordingly, this petition under Section 11(6) of the Act is disposed of by appointing Sri H.S. Ramanna, retired District and Sessions Judge, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
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.
Sd/- JUDGE ST