IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY 2017 BEFORE THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI C.M.P. No.105 OF 2016 BETWEEN SRI VENKATRAMAN AGED ABOUT 61 YEARS SON OF SRI K.V.MAHALINGAM RESIDING AT C-6/7, 3RD FLOOR SAFDARJUNG DEV AREA HAUZ KHAS, NEW DELHI 110 016. ... PETITIONER (BY:SRI NAMAN JHABAKH, ADVOCATE FOR SRI VIVEK HOLLA FOR M/s.HOLLA & HOLLA) AND:
1. SRI G.VIJAYKUMAR MAJOR SON OF LATE SRI E.GOPALAN NO.268, 15TH MAIN RMV EXTENSION BANGALORE 560 080.
2. SMT.RAJNI VIJAYKUMAR MAJOR WIFE OF SRI G.VIJAYKUMAR NO.268, 15TH MAIN RMV EXTENSION BANGALORE 560 080.
3. SRI ABHISHEK VIJAYKUMAR MAJOR SON OF SRI G.VIJAYKUMAR NO.268, 15TH MAIN RMV EXTENSION BANGALORE 560 080.
4. SEVEN H LOGISTICS PVT. LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING OFFICE AT NO.150, 1ST FLOOR MALLESHWARAM ARCADE 7TH CROSS, MARGOSA ROAD MALLESHWARAM BANGALORE 560 003.
REPRESENTED BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY:SRI ABHIJIT ATUR, ADVOCATE FOR SRI S.MURALI, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTIONS 11(4) & (5) OF THE ARBITRATION AND CONCILIATION ACT PRAYING TO NOMINATE ANY RETIRED HON’BLE JUDGE OF THIS COURT AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 11 OF THE MEMORANDUM OF UNDERSTANDING DATED 12.1.2012 AND ETC.
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed seeking the appointment of the Arbitrator under Sections 11(4) and (5) of the Arbitration and Conciliation Act, 1996.
2. The parties herein have entered into the Memorandum of Understanding (‘MoU’ for short), dated 12.1.2012 (Annexure-A). Clause 11 of the said MoU provides for the dispute resolution through arbitration mechanism. The dispute that has arisen is in relation to the said MoU.
3. On hearing the learned advocates, Sri Naman Jhabakh for M/s.Holla & Holla for the petitioner and Sri Abhijit Atur for Sri A.Murali for the respondents, I allow this petition. I appoint Sri H.V.Ramachandra Rao, a retired District Judge as the sole arbitrator. He is requested to enter upon the reference, arbitrate the dispute and conduct the arbitration proceedings at the Arbitration and Conciliation Centre, Bengaluru (Domestic and International), as per the Arbitration and Conciliation Centre Rules, 2012.
4. All the contentions are left open to be urged before the arbitrator.
5. Registry is directed to send a copy of this order to the Arbitration Centre, Bengaluru, forthwith.
Sd/- JUDGE VGR