IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE C.M.P.NO.272/2017 BETWEEN:
M/S SOUL SPACE REALTY LTD A LIMITED COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT B-1 EXTN./E-23, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD NEW DELHI-110044, ITS PRESENTLY BANGALORE OFFICE AT 4TH FLOOR ’SOUL SPACE PARADIGM’ NEAR HOTEL PARK PLAZA OUTER RING ROAD, MARATHAHALLI BANGALORE : 560 037 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. D.K. SHARMA-AGED 47 YEARS S/O LATE RAMAGOPAL SHARMA ... PETITIONER (BY SRI S.GANESH SHENOY, ADVOCATE) AND:
M/S. BHUWALKA STEEL INDUSTRIES LTD. "BHUWALKA CENTRE" # 71, III CROSS RESIDENCY ROAD BANGALORE-560 025 HEREIN REPRESENTED BY ITS MANAGING DIRECTOR MR. AJAY KUMAR BHUWALKA ... RESPONDENT (BY SRI C.K.NANDAKUMAR, ADVOCATE ) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR FROM THE PANEL OF ARBITRATORS OF THIS COURT IN ACCORDANCE WITH CLAUSE NO.28 OF THE SUPPLEMENTARY JDA DATED:24.01.2011 (ANNEXURE-H) BETWEEN THE PARTIES HERETO ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri S.Ganesh Shenoy, learned counsel for the petitioner.
Sri C.K.Nandakumar, learned counsel for the respondent.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. 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 seeks for appointment of an Arbitrator.
4. When the matter was taken up today, learned counsel for the parties jointly submit that they have entered into agreements which contain arbitration clauses. It is further submitted that the dispute between the parties have arisen in relation to the aforesaid agreements and therefore a sole arbitrator may be appointed to adjudicate the dispute between the parties.
5. In view of the aforesaid submissions made by the learned counsel for the parties and with their consent, Mr. Justice Ajit J.Gunjal, Former Judge of this Court is appointed a sole Arbitrator to adjudicate the dispute between the parties.
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.
It is needless to state that the respondent shall be at liberty to raise objections with regard to claim of the petitioner in accordance with law.
Accordingly, petition is disposed of.
Sd/- JUDGE hkh.