IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.13 OF 2018 BETWEEN:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO HORTICULTURE & SERICULTURE, M.S. BUILDING BENGALURU-560 001.
2. COMMISSIONER FOR SERICULTURE DEPARTMENT DIRECTORATE OF SERICULTURE 5TH FLOOR, M.S. BUILDING BENGALURU-560 001.
3. THE PRINCIPAL SERICULTURE TRAINING INSTITUTE GOVERNMENT OF KARNATAKA CHANNAPATNA-562 121. …PETITIONERS (BY SRI S. CHANDRASHEKARAIAH, ADV.) AND:
SRI MAHALAKSHMI FERTILIZERS AND CHEMICALS UNIT-II GOVERNMENT TIPPU SILK FARM CHANNAPATNA RAMANAGARA DISTRICT REPRESENTED BY ITS PROPRIETRIX SMT. I.K. KAVITHA AGED 41 YEARS. …RESPONDENT (BY SRI S. VISHWAJITH SHETTY, ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW THIS CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR TO SETTLE THE DISPUTE IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri S. Chandrashekaraiah, learned High Court Government Pleader for petitioners. Sri S. Vishwajith Shetty, learned counsel for respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Sections 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioners inter alia seek appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. From perusal of the records, it is evident that the parties have entered into a Lease Deed on 19.12.2012. Admittedly, Clause-16 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioners have sent a notice to the respondent on 06.06.2016 invoking the arbitration clause. However, no response was received from the respondent. In the aforesaid factual background, petitioners have approached this Court seeking appointment of an arbitrator.
6. Learned counsel for the parties jointly submitted that an arbitrator be appointed to adjudicate the dispute between the parties.
7. In view of the submissions made 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 has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri H.S. Ramanna, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
8. 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 ST