Karnataka High Court
Dream Logistics Company (India) vs P K P Minerals Private Limited on 5 August, 2013
Author: Dilip B.Bhosale
Bench: Dilip B Bhosale
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR. JUSTICE DILIP B BHOSALE
CMP.NO.112/2012
BETWEEN
DREAM LOGISTICS COMPANY (INDIA)
PRIVATE LIMITED
A COMPANY INCORPORATED AND FUNCTIONING
UNDER THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT
DREAM CHAMBERS, NEAR BUS STAND
YELLAPUR-581 359, REPRESENTED BY
ITS MANAGING DIRECTORS,
SHRI VIVEK HEBBAR ... PETITIONER
(BY SRI KAVITHA DAMODARAN, ADV.,)
AND
1. P K P MINERALS PRIVATE LIMITED
HAVING ITS OFFICE AT 69, ADHIYAMAN BYE
PASS ROAD, DHARMAPURI-636 701
TAMIL NADU, REPRESENTED BY ITS MANAGING
DIRECTOR, THIRU P K POWNRAJ
2. THIRU P K POWNRAJ
MAJOR
FATHERS NAME NOT KNOWN TO THE PETITIONER
SOLE PROPRIETOR OF M/S SATHYA GRANITES
HAVING ITS OFFICE AT 69, ADHIYAMAN BYE
PASS ROAD, DHARMAPURI-636 701
TAMIL NADU ... RESPONDENTS
(BY SRI P USMAN, ADV., FOR R1 & R2) 2 THIS CMP FILED U/S.11(5)OF THE ARBITRATION AND CONCILIATION ACT PRAYING TO CONSTITUTE THE ARBITRAL TRIBUNAL BY APPOINTMENT OF A SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE RESOLUTION OF THE DIFFERENCES, CLAIMS AND COUNTER-CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES IN CONNECTION WITH THE SAID CONTRACT DATED 01/04/2012 (ANNEXURE-A) ,IN THE INTEREST OF JUSTICE AND EQUITY ETC., THIS CMP COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
PC:
Heard learned counsel for the parties.
2. Learned counsel for the parties jointly request that Mr.K.L.Anantha Raman, Retired District Judge, may be appointed as sole Arbitrator.
3. Accordingly, Mr.K.L.Anantha Raman, Retired District Judge is appointed as the sole Arbitrator and the dispute, for arbitration, is referred to Arbitration Centre set-up by the High Court of Karnataka as per the rules framed by the Arbitration Centre. The Arbitrator shall enter the reference, cause notice to the parties and then 3 proceed to resolve the dispute in accordance with the Arbitration and Conciliation Act, 1996.
4. The petition is disposed of. Registry to communicate this order to the Arbitrator forthwith. Registry is further directed to return original papers, if any, filed along with the petition to enable the petitioner to produce the same before the learned Arbitrator.
Sd/-
JUDGE Ia