IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.300 OF 2018 BETWEEN:
SRI PRABHAKARAN KIZHAKKEVEETIL DESIGNATED PARTNER M/S. BIOLIX TECHNOLOGIES LLP, NO.12, J.R. ARCADE, 80 FEET ROAD, 1ST BLOCK, KORAMANGALA, BENGALURU-560 034.
ALSO AT:
FLAT NO.202, ARALIA BLOCK, MANAR SILVER SHADOWS, SARJAPUR ROAD, KASAVANAHALLI, POST: CARMELARAM BENGALURU-560 035. ...PETITIONER (By Sri JANARDHANA.G., ADVOCATE) AND:
1. MR. SAJU THOMAS DESIGNATED PARTNER M/S. BIOLIX TECHNOLOGIES LLP, NO.12, J.R.ARCADE, 80 FEET ROAD, 1ST BLOCK, KORAMANGALA, BENGALURU-560 034.
AND ALSO AT MR.SAJU THOMAS DESIGNATED PARTNER M/SL BIOLIX TECHNOLOGIES LLP, NO.295, KPCL LAYOUT, OFF: SARJAPUR ROAD, KASAVANAHALLI, CARMELARAM POST, BENGALURU-560 035. ...RESPONDENT (By Sri B.C.PRANESH, ADVOCATE FOR Smt.REVATHY ADINATH, ADVOCATE) The advocate for the petitioner has filed the above Civil Misc. Petition Under Sec.11(5) of the Arbitration and Conciliation Act 1996, praying this Hon'ble Court to appoint a sole Arbitrator and refer the dispute between the petitioner and respondent under the dispute between the petitioner and respondent under the Limited Liability Partner Agreement dated: 01.06.2010 filed in terms of Annexure-A to the petition as per the provision of the arbitration class provided in the said agreement.
This petition coming on for Admission, this day, the court made the following:
O R D E R Sri.Janardhana.G., learned counsel for the petitioner. Sri.B.C.Pranesh, learned counsel for Smt.Revathy Adinath, learned counsel for the respondent.
2. The 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(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner seeks appointment of an Arbitrator.
4. The facts giving raise to this petition, briefly stated are, admittedly, the parties had entered into a Limited Liability Partnership Agreement. Clause 25 of the aforesaid Agreement contains an Arbitration Clause. The respondent filed an application under Section 8 of the Act and sought reference of the matter to the Arbitration. The aforesaid application was allowed by the Trial Court by an order dated 27.09.2018 referring the matter to the Arbitration. However, the name of the Arbitrator was not specified. Therefore, the petitioner has approached this Court seeking appointment of an Arbitrator.
5. Learned counsel for the petitioner submitted that since the respondent himself had invoked the Arbitration Clause and had made a prayer that the Arbitrator be appointed and therefore, he cannot aprobate and reprobate.
6. Learned counsel for the respondent submitted that notice has not been issued to the respondent before seeking appointment of an Arbitrator. Therefore, this petition is not maintainable. He further submitted that the petitioner has not made any specific allegations against the respondent that he has misappropriated any amount.
7. Admittedly, the parties have entered into Limited Liability Partnership Agreement and Clause 25 of the aforesaid Agreement contains Arbitration Clause. The respondent himself had filed an application under Section 8 of the Act seeking reference of the matter to Arbitration, which was allowed by the Trial Court by an order date 27.09.2018. Therefore, bearing in mind, the mandate under Section 11(6-A) of the Act, I deem it appropriate to appoint Sri.G.Raghavendra Rao, Retired District and Sessions Judge as a Sole Arbitrator to adjudicate the dispute between the parties.
8. In view of preceding analysis the petition filed by the petitioner under Section 11(5) of the Act succeeds and is hereby allowed. In view of the aforesaid submissions, Sri.G.Raghavendra Rao, Retired District and Sessions Judge is appointed as Sole Arbitrator to adjudicate the dispute between the parties.
9. 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, the petition is disposed of.
Sd/- JUDGE DH