IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION No. 119/2015 BETWEEN:
SRI. MOHAMMAD BALIQUDDIN AGED ABOUT 45 YEARS S/O MOHAMMAD AZEEZUDDIN RESIDING AT NO. 501 NEST APARTMENTS EARRAMANZIL MAIN ROAD HYDERABAD PRESENTLY CAMPING AT NO. 648 2ND BLOCK, 7TH CROSS HBR LAYOUT, BANGALORE.
(BY SRI. KRISHNAN C V, ADV.) AND 1. M/S DUO MEADOWS PVT LTD., NO. 28, ULSOOR ROAD BANGALORE-560042 REPRESENTED BY ITS DIRECTOR SRI T PHANI MAHESH 2. SRI T PHANI MAHESH # 1136, BABU NILAYAM 5TH MAIN ROAD, 7TH SECTOR HSR LAYOUT, BANGALORE-560034 DIRECTOR DUO MEADOWS PVT LTD 3. SRI ALUNGOOR MUNIVENKATA SHARATHCHANDRA # P-2, ALUNGOOR GROVE, 23RD MAIN, 16TH CROSS 4TH PHASE, J P NAGAR ... PETITIONER BANGALORE-560078 DIRECTOR DUO MEADOWS PVT LTD 4. SRI ASWINI DUTT CHALSANI # 48, WISHPER VALLEY H S DARGA, SERILINGAMPALLY RANGA REDDY HYDERABAD-500008 ... RESPONDENTS (V/O. DT. 4.11.2016 SERVICE OF NOTICE TO R4 IS HELD SUFFICIENT V/O. DT. 13.3.2019 NOTICE TO R1 & R2 IS HELD SUFFICIENT R3-SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THE PETITION AND APPOINT A SOLE ARBITRATOR FOR THE FULL AND FINAL AGREEMENT OF REFERENCE, DATED:18/09/2010, TO ACT AS SUCH UNDER THE POWER CONFERRED IN THE SAID FULL AND FINAL SETTLEMENT AGREEMENT AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. Krishnan C. V., learned counsel for petitioner.
None for respondent No.3 though served.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(5) and (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator.
3. On perusal of the records, it is evident that the parties had entered into an agreement on 18.09.2010. The said agreement contains an arbitration clause. Petitioner sent notice on 12.09.2013 invoking arbitration clause. However, no response was received from the respondents.
4. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator. After hearing the learned counsel for the petitioner and bearing in mind the mandate 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 Mr. S.R.Somashekhara, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
5. Accordingly, this petition under Section 11 of the Act is disposed of by appointing Mr. S.R.Somashekhara, 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.
A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Mr. S.R.Somashekhara, on the address available with the said Arbitration Centre, Bengaluru.
Original documents, if any, shall be furnished to the petitioner, on substituting the same with photostat copies.
Sd/- JUDGE VP