IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA C.M.P. No.111/2019 BETWEEN:
MR. VASANTHA KUMAR K. M., NO.74, KOORGAHALLI, BELAVADI POST, YELAWALA, MYSORE-570 018.
... PETITIONER (BY MS. AVANI CHOKSHI, ADVOCATE FOR MS. MAITREYI KRISHNAN, ADVOCATE) AND:
M/S SHASWATI PLASTICS, NO.265-E, HEBBAL INDUSTRIAL AREA, MYSORE-570 018.
REPRESENTED BY ITS GENERAL MANAGER.
... RESPONDENT (BY SRI NATARAJA BALLAL, ADVOCATE) ***** THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF THE ARBITRATION AGREEMENT CONTAINED IN THE APPOINTMENT CONFIRMATION LETTER DATED:20/03/2009 TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner filed the present Civil Miscellaneous Petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act 1996 (‘the Act’ for short) for appointment of the sole Arbitrator to resolve the dispute between the parties in terms of Clause 16 of the ‘Appointment of Confirmation Letter’ dated 20.3.2009 entered into between the parties.
2. Today, Ms. Avani Chokshi appearing for Ms.
Maitreyi Krishnan, learned counsel for the petitioner filed memo praying to appoint Sri H.S. Ramanna, former District Judge as the sole Arbitrator to adjudicate the dispute between the parties.
3. The memo dated 25.7.2019 is placed on record.
4. Sri Nataraja Ballal, learned counsel for the respondent submits that he has no objection for appointment of Sri H.S. Ramanna, former District Judge as the sole Arbitrator to adjudicate the dispute between the parties.
5. Having heard the learned counsel for the parties and having perused the memorandum of Civil Miscellaneous Petition, it is not in dispute that the petitioner joined the employment of the respondent on 20.5.2002 and ‘Appointment Confirmation Letter’ was issued to the petitioner as per Annexure-A dated 20.3.2009. It is also not in dispute that Clause-16 of the ‘Appointment Confirmation Letter’ is the arbitration clause and it reads as under:
“It is agreed that, any dispute of whatsoever nature between you and the Management will be referred to Arbitration as per the provisions of Indian Arbitration Act, whose decision shall be final and binding upon the parties.”
6. Learned counsel for the parties do not dispute the existence of the arbitration clause in the ‘Appointment Confirmation Letter’ – Annexure-A dated 20.3.2009. The petitioner has complied the provisions of Section 7(5) of the Act. In view of the admitted facts, there is no impediment for appointment of the sole Arbitrator to adjudicate the dispute between the parties.
7. For the reasons stated above, the Civil Miscellaneous Petition is allowed. By Consent of learned counsel for the parties, Sri H.S. Ramanna, Former District Judge is appointed as the sole Arbitrator to adjudicate the dispute between the parties in terms of Clause-16 of the ‘Appointment Confirmation Letter’ - Annexure-A dated 20.3.2009.
The Registry is directed to send copy of this order to Sri H.S. Ramanna, former District Judge as well as to the Arbitration Centre forthwith.
Sd/-
JUDGE Gss/-