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.154 OF 2018 BETWEEN:
M/S. SOBHA LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT ‘SOBHA’, SARJAPUR-MARATHAHALLI OUTER RING ROAD, DEVARABISANAHALLI, BELLANDUR POST BANGALORE – 560 103 … PETITIONER (BY SRI. SURAJ GOVINDARAJ, ADV.) AND:
M/S. JAWAHAR SAW MILLS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT 47, VICTORIA ROAD, MUSTAFA BAZAR, BYCULLA [E], MUMBAI – 400 010 ... RESPONDENT [RESPONDENT SERVED & UNREPRESENTED] THIS PETITION IS FILED UNDER SECTION 11[6] OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT, IN TERMS OF CLAUSE 16 OF THE MEMORANDUM OF UNDERSTANDING DATED 22.01.2016 ENTERED INTO BETWEEN PETITIONER AND RESPONDENT AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Suraj Govindaraj, learned Counsel for the petitioner.
None appears for the respondent. The petition is admitted for hearing. With the consent of learned Counsel for the petitioner, the matter is heard finally.
2. In this petition under Section 11 of the Arbitration & Conciliation Act, 1996, the petitioner, inter alia, seeks appointment of an Arbitrator in terms of clause 16 of the Memorandum of Understanding dated 22.01.2016.
3. I have heard the learned counsel for the petitioner at length. On perusal of the records, it is evident that the parties had entered into a Memorandum of Understanding on 22.01.2016.
Clause-16 thereof contains arbitration clause which reads as under:
“Clause-16: In the event of there being any dispute with regard to this Memorandum or the interpretation of any of the clauses hereof, the same shall be referred to the Arbitration. The Arbitration shall be as per the provisions of Indian Arbitration and Conciliation Act, 1996 and the jurisdiction will be at Bangalore.”
4. Thus, from perusal of clause-16 of the Memorandum of Understanding, it is evident that the dispute between the parties are referred to the arbitration. The petitioner had sent notice dated 9.4.2018 which failed to evoke any response from the respondent. Therefore, in the facts and circumstances, the case, taking into account the fact that the parties had entered into agreement which had been reduced into writing which contains an arbitration clause and despite service of notice, the respondent having failed to respond to the aforesaid notice, I deem it appropriate to appoint Mr. Justice Subhash B. Adi, former Judge of this Court as sole Arbitrator to adjudicate the dispute.
5. Needless to state that the respondent shall be at liberty to raise all such objections as may be permissible to it under the law before the sole Arbitrator.
6. Office is directed to transmit a copy of this order to Mr. Justice Subhash B. Adi, former Judge of this court.
Accordingly, the petition is disposed of.
Sd/- JUDGE AN/-