M/S. Fiza Developers And ... vs Ksk Wind Energy Private Limited on 20 February, 2013

[Cites 0, Cited by 0]

Karnataka High Court

M/S. Fiza Developers And ... vs Ksk Wind Energy Private Limited on 20 February, 2013

Bench: A S Bopanna

                         1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

    DATED THIS THE 20TH DAY OF FEBRUARY 2013

                     BEFORE

      THE HON'BLE MR. JUSTICE A S BOPANNA

               C.M.P. No. 126/2012

BETWEEN:


1     M/S FIZA DEVELOPERS AND
      INFRASTRUCTURE PVT. LTD.,
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, HAVING ITS
      REGISTERED OFFICE AT No. 25/1
      RESIDENCY ROAD, BANGALORE-560 025

2     M/S FIZA DEVELOPERS AND
      INTER-TRADE PVT. LTD.,
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, HAVING ITS
      REGISTERED OFFICE AT No. 25/1
      RESIDENCY ROAD, BANGALORE-560 025

3     M/S FOUR EF WIND POWER PVT. LTD.,
      A COMPANY INCORPORATED UNDER THE
      COMPANIES ACT, 1956, HAVING ITS
      REGISTERED OFFICE AT FLAT No. 1B
      No.9, LUCELLE COURT
      BERLIE STREET, LANGFORD TOWN
      BANGALORE - 560 025

      PETITIONERS No. 1 TO 3 ARE REPRESENTED
      BY ITS MANAGING DIRECTOR, MR. B.M. FAROOKH

                                     ...PETITIONERS


(BY SRI P. USMAN, ADV. FOR M/S HEGDE ASSTS.)
                            2




AND :

KSK WIND ENERGY PRIVATE LIMITED
No.8-2-293/82/A/431/A
ROAD No.22, JUBILEE HILLS
HYDERABAD - 500 033
                                       ... RESPONDENT

(BY SRI GANGA BAI, ADV. FOR
    M/S VGB ASSOCIATES )

     THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER SECTION 11 (5) AND 6 OF ARBITRATION AND
CONCILIATION ACT, 1996, WITH A PRAYER TO APPOINT A
SUITABLE SOLE ARBITRATOR PREFERABLY A RETIRED
JUDGE OF HIGH COURT OR SUPREME COURT SO AS TO
ADJUDICATE ALL THE DISPUES ARISING OUT OF THE
TDR AGREEMENT AS WELL AS SERVICE AGREEMENT
DATED 07.10.2010 VIDE ANNEXURES-A & C AND THE
AMENDMENT AGREEMENTS THERETO, ETC.

    THIS CIVIL MISCELLANEOUS PETITION COMING ON
FOR ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING :

                       ORDER

The petitioners are before this Court seeking appointment of a Sole Arbitrator to resolve the dispute between the parties.

2. The respondent-Company on being served with the notice have appeared. Though respondents have raised certain contentions with regard to merits of the claim which has been made by the petitioners, they do not dispute the fact of having entered into an 3 agreement and the agreement containing an Arbitration Clause. The disputed questions in any event would be resolved by the Arbitrator.

3. Therefore, keeping in view the agreement between the parties, Justice Sri G.Patri Basavana Goud, Former Judge of this Court, Residing at No.58, "Ganga", ISRO Road, R.M.V. II Stage, Judicial Officers' Layout, Sanjaynagar, Bangalore - 560 094, is appointed to be the Sole Arbitrator to adjudicate upon the dispute between the parties. The petitioners shall now file the papers along with necessary documents before the learned Arbitrator who shall enter reference, issue notice to the respondents, settle the terms of arbitration and proceed with the matter in accordance with law.

Registry to return the papers if any, sought for by the petitioners.

In terms of the above, the petition is allowed. No costs.

Sd/-

JUDGE hrp/bms

Unlock Advanced Research with PRISMAI

Karnataka High Court