IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.271/2016 BETWEEN SMT. VARIJAKSHI HEGGADATHI, AGED ABOUT 78 YEARS, W/O DIWAKAR HEGDE, C/O SHAKILA DINESH HEGDE, YEDTHADI POST, ALTAR VILLAGE, UDUPI TALUK AND DISTRICT PIN CODE-576210. ... PETITIONER (BY SRI SHARATH S GOWDA, ADV.) AND 1. SATISH SHETTY AGED ABOUT 56 YEARS, S/O SHIVARAM SHETTY 2. VANDANA SHETTY, AGED ABOUT 43 YEARS D/O VARIJAKSHI HEGGADTHI W/O SATISH SHETTY RESIDING AT: NIHARIKA OPPOSITE TO DHARMAVARAM AUDITORIUM, BRAHMAVAR, UDUPI TALUK AND DISTRICT PIN CODE-576213. ... RESPONDENTS (BY SRI SHOBHITH M SHETTY, ADV. FOR R1 [ABSENT] V/O DATED.04.01.2017 R2 IS DELETED] THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO EXERCISE ITS JURISDICTION AND POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND TO APPOINT AN ARBITRAL TRIBUNAL TO ADJUDICATE AND RESOLVE THE DISPUTES THAT HAVE ARISEN UNDER THE ALLEGED PARTNERSHIP DEED DATED 5.11.2012 (ANNEXURE A) BETWEEN THE PETITIONER AND THE RESPONDENTS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Sharath.S.Gowda, learned counsel for petitioner.
Sri Shobith.M.Shetty, learned counsel for respondent No.1.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. In this petition under Section 11(6) of the 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. I have heard the learned counsel for the petitioner and learned counsel for respondent No1. Perused the records.
5. On perusal of the record, it is evident that the parties had entered into a partnership deed on 05.11.2012 which contains an arbitration clause namely, clause 21 and the dispute has arisen between the parties in relation to the aforesaid partnership deed. In that regard, the petitioner had sent a notice to the respondent on 23.04.2016 invoking the arbitration clause. However, requisite action was not taken by the respondents in terms of the arbitration clause.
5. After hearing the learned counsel for the petitioner and taking into account the fact that the parties have entered into partnership deed on 05.11.2012 which contains an arbitration clause namely clause 21 and the dispute has arisen between the parties in relation to the aforesaid partnership deed, I deem it appropriate to appoint Shri.Moosa Kunhi Nayarmoole, Judicial Member (Retired), KSAT, who is a former retired District and Sessions Judge bearing in mind that the venue of the arbitration is Mangalore as Sole Arbitrator to adjudicate the dispute between the parties.
6. A copy of this order may be transmitted to Shri.Moosa Kunhi Nayarmoole, a former retired District and Sessions Judge.
7. Needless to state that it is open for the petitioner to urge all such contentions before the Arbitrator which are permissible to him under law.
Accordingly, petition is disposed of.
Sd/- JUDGE VM CT:HR