IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION No.242/2016 BETWEEN:
M/S. VDB PROJECTS LTD., #842, 3RD FLOOR, BINNAMANGALA, 100 FEET ROAD, INDIRANAGAR, BENGALURU-560 038.
REP. BY ITS EXECUTIVE DIRECTOR ... PETITIONER (BY SRI B.P.NAGARAJU, ADVOCATE FOR SRI MURALIKRISHNA K.R., ADVOCATE) AND:
PUBLIC WORKS, PORTS AND INLAND TRANSPORT DEPARTMENT, MYSORE DIVISION, VINOBA RASTE, MYSORE-570 008.
REP. BY ITS EXECUTIVE ENGINEER ... RESPONDENT (BY SMT. PRATHIMA HONNAPUR, AGA) THIS CMP IS FILED UNDER SECTION 11(4)(a) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT / NOMINATE AN ARBITRATOR ON BEHALF OF RESPONDENT AND ETC., THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri B.P.Nagaraju, learned counsel on behalf of Sri Muralikrishna K.R., learned counsel for the petitioner. Smt. Prathima Honnappa, learned Additional Government Advocate for the respondent.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. By means of this petition under Section 11(4)(a) 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 resolve the dispute between the parties.
4. Admittedly, the parties had entered into an agreement on 20.08.2009. Clause No.24 of the aforesaid agreement contains an arbitration clause. Admittedly, the dispute has arisen between the parties in relation to the aforesaid agreement. Thereafter, the petitioner had sent a notice to the respondent on 05.08.2016 seeking appointment of arbitrator.
5. When the matter was taken up today, learned counsel for the parties did not dispute the fact that the parties had entered into an agreement, which contains an arbitration clause 6. In view of the aforesaid submission and keeping in mind the mandate contained in Section 11(6-A) of the Act, I deem it appropriate to appoint Sri Ashok B. Hinchigeri, the former Judge of this Court as Sole Arbitrator to adjudicate the dispute between the parties.
7. Needless to state that it is open to the respondent to take all such objections admissible in the law before the arbitrator.
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, petition is disposed of.
Sd/- JUDGE PB