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.255/2017 BETWEEN:
SRI ANIL K.L.
S/O SRI KATTA NANJAIAH LAKSHMINARAYANA AGED ABOUT 51 YEARS RESIDING AT NO.69 GROUND FLOOR ASHOKA PILLAR ROAD 2ND BLOCK, JAYANAGAR BENGALURU-560 011 ... PETITIONER (BY SRI MAYANNA B.L., ADVOCATE) AND:
SRI SHARATH SURYAN S/O SRI SURYANARAYANA RAO AGED ABOUT 38 YEARS PRESENTLY RESIDING AT NO.117/A 38TH ‘A’ CROSS, 26TH MAIN 9TH BLOCK, JAYANAGAR BENGALURU-560 069 ... RESPONDENT (BY SRI K.T.KUSHALAPPA, ADVOCATE - ABSENT) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN THE DEED OF PARTNERSHIP DATED 01.03.2012 TO RESOLVE THE DISPUTE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Mayanna B.L., learned counsel for the petitioner. Counsel for the respondent is absent.
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 seeks for appointment of an Arbitrator.
3. The facts giving rise to filing of this petition briefly stated are that the parties had entered into a partnership agreement on 01.03.2012. Clause 28 of the aforesaid agreement contains arbitration clause. Since the dispute had arisen between the parties in relation to the aforesaid agreement, the petitioner sent a notice dated 20.07.2017 to the respondent invoking the arbitration clause. The respondent filed a reply. However, no requisite action was taken by the respondent.
4. After hearing the learned counsel for the petitioner and taking into account the fact that the parties had entered into a partnership agreement which contains an arbitration clause and the dispute has arisen between the parties in relation to the aforesaid agreement as well as the mandate contained in Section 11(6A) of the Act, I deem it appropriate to appoint Mr.H.S.Ramanna, Former District and Sessions Judge as a sole Arbitrator to resolve 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.
Accordingly, petition is disposed of.
Sd/- JUDGE hkh.