Mrs Shamana Omer Rahaman vs Serco Bpo Private Limited on 15 April, 2014

[Cites 1, Cited by 0]

Karnataka High Court

Mrs Shamana Omer Rahaman vs Serco Bpo Private Limited on 15 April, 2014

Bench: Ram Mohan Reddy

                               1

                                                   CMP.151/11

      IN THE HIGH COURT OF KARNATAKA, BANGALORE

         DATED THIS THE 15TH DAY OF APRIL, 2014

                          BEFORE

       THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

       CIVIL MISCELLANEOUS PETITION NO.151/2011

BETWEEN

MRS. SHAMANA OMER RAHAMAN
AGED ABOUT 60 YEARS
R/AT # 201, AL CAZAAR APARTMENTS
11/1, INFANTRY ROAD CROSS
BANGALORE - 560 001.
                                                ... PETITIONER
(By Sri. S V GIRIDHAR, ADVOCATE FOR
        GIRIDHAR & CO., ADVOCATES)

AND

SERCO BPO PRIVATE LIMITED
INDIAN OPERATIONS
6TH FLOOR, TOWER B
BUILDING No.8, CYBER CITY
DLF PHASE -II, GURGAON - 122002
HARYANA, INDIA, ALSO AT
SERCO BPO PRIVATE LIMITED
INDIAN OPERATIONS
No.112, AKR TECH PARK
KRISHNA REDDY INDUSTRIAL AREA
7TH MILE, BOMMANAHALLI
BANGALORE - 560 008.
                                              ... RESPONDENT
(RESPONDENT SERVED & UNREPRESENTED)

      CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION
AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO
APPOINT A SOLE ARBITRATOR AND DIRECT THE ARBITRATOR TO
ENTER UPON REFERENCE AND TO PASS AN AWARD IN RESPECT OF
DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT
ARISING OUT OF THE LEASE DEED DATED 10.12.2009 AND AS PER
THE CLAIM OF THE PETITIONER UNDER NOTICE DATED 10.8.2011.
      THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT
MADE THE FOLLOWING:
                                2

                                                    CMP.151/11

                          ORDER

There is no dispute that dispute resolution is provided for under clause 22 of the registered lease deed dated 10.12.2009, Annexure-A and that certain dispute having arisen between the parties, led to issue of a notice dated 10.08.2011, Annexure-C by the petitioner calling upon the respondent to nominate a person as an arbitrator for acceptance of the petitioner, failing which petition invoking Section 11 of the Arbitration and Conciliation Act, 1996, would be instituted. That notice was responded to by reply dated 24.08.2011, Annexure- E without nominating an arbitrator while denying the existence of disputes between the parties.

2. Heard the learned Counsel for petitioner. Respondent though served, is absent and unrepresented.

3. The lease deed, Annexure-A discloses that petitioner is one of the joint lessors in respect of her 3 CMP.151/11 portion of the lease premise being unit No.202, measuring 1000 sq.ft. with one car park entitled to receive lease rent of `32,000/- per month. According to the petitioner, certain disputes having arisen between the parties in respect of the premises leased by her, resulted in the notice invoking the covenant relating to arbitration in the lease deed. Petition is not opposed by filing statement of objections.

4. In the result, petition is allowed. Sri B.M. Mallikarjunaiah, retired District Judge, at the request of learned Counsel for petitioner, is appointed as an arbitrator to conduct arbitration proceeding before the Arbitration Centre - Karnataka [Domestic and International] at Bangalore, in accordance with the Arbitration Centre - Karnataka [Domestic and International], Rules, 2012.

Sd/-

JUDGE kcm

Unlock Advanced Research with PRISMAI

Karnataka High Court