IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE C.M.P.NO.65/2017 Between:
M/s.Techmed Health Centre and Diagnostic Pvt. Ltd., No.9/4, Vijaya Raghava Road, Tyagaraja Nagar, Chennai, Represented by its Managing Director. … Petitioner (By Sri.Ranjith.K.S, Advocate) And:
Biochem Diagnostics Pvt. Ltd., No.1780, MBM Lehar Complex, New Sayyaji Rao Road, Mysuru-570 021, Represented by its Director, Dr.Elizabeth Frank. … Respondent (By Sri.Amshith Hegde.H.S, Advocate) This Civil Miscellaneous Petition is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act 1996, praying this Hon’ble Court to appoint a sole arbitrator to adjudicate the dispute between the petitioner and the respondents in terms of Clause (a) of Governing Law of Strategic Alliance Agreement in the interest of justice.
This Petition coming on for Admission this day, the Court made the following:-
ORDER Mr.Ranjith.K.S, learned counsel for the petitioner.
Mr.Amshith Hegde.H.S, learned counsel for the respondent.
2. The Petition is admitted for hearing. With consent of the parties, the same is heard finally.
3. In this Petition under Section 11(5) and (6) of Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the Petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. Admittedly, the parties have entered into an agreement on 28.08.2012. The aforesaid agreement is also in dispute and the respondent has sent notice on 10.11.2015 invoking arbitration clause.
5. When the matter was taken up today, learned counsels for the parties jointly submitted that any retired District and Sessions Judge be appointed as an arbitrator to adjudicate the dispute between the parties.
6. In view of the aforesaid submission and bearing in mind the agreement which contains the arbitration clause as well as the mandate contained in Section 11(6-A) of the Arbitration and Conciliation Act, 1996, I deem it appropriate to appoint Sri.K.H.Mallappa, a former District and Sessions Judge as sole arbitrator to adjudicate the dispute. Needless to state that the respondent shall be at liberty to take all such objections as are permissible in law before the arbitrator under Section 16 of the Act. Office to transmit a copy of this order to Sri.K.H.Mallappa, a former District and Sessions Judge.
7. 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 BNV