M/S Sai Sudhir Infrastructure vs M/S Sriram Epc on 23 November, 2012

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Karnataka High Court

M/S Sai Sudhir Infrastructure vs M/S Sriram Epc on 23 November, 2012

Bench: Vikramajit Sen

                         1


 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

   DATED THIS THE 23rd DAY OF NOVEMBER 2012

                     BEFORE

  THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE

                 CMP NO.64/2012
BETWEEN:

1.M/S SAI SUDHIR INFRASTRUCTURE
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, REP BY ITS AUTHORIZED
REPRESENTATIVE OF BOARD OF DIRECTOR,
SRI SHIVALINGAIAH, HAVING ITS CORPORATE
OFFICE AT NO. 30, G.P.ELITE,
8-2-283/4, ROAD NO. 14, BANJARA
HILLS, HYDERABAD, & REGIONAL OFFICE
AT N0.1, II FLOOR, III PHASE,
SHANTHI VANA, KODIGEHALLI,
SAHAKARANAGARA,
BANGALORE-560092                   ... PETITIONER

(BY SRI G R MOHAN)

AND:

1.M/S SRIRAM EPC
A COMPANY REGISTERED UNDER THE
COMPANIES ACT,
REPRESENTED BY ITS
MANAGING DIRECTOR,
HAVING ITS OFFICE AT
NO. 9, VANAGARAM ROAD,
AYANAMBAKKAL,
CHENNAI- 600 095             ... RESPONDENT

(BY SRI. K SHASHIKIRANA SHETTY ADVOCATE)

                        ----
                               2


     CIVIL MISC.PETITION FILED U/S.11(5) AND (6) OF
THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING, FOR THE REASONS STATED THEREIN, THAT
THIS HON'BLE COURT MAY BE PLEASED TO APPOINT
THE ARBITRATOR FOR THE RESPONDENT IN TERMS OF
CLAUSE NO.19 OF THE AGREEMENT AT ANNEXURE-A
DATED 26/05/2010 SO AS TO ENABLE THE ARBITRATOR
OF THE PETITIONER AND THE RESPONDENT TO
CONSTITUTE THE ARBITRAL TRIBUNAL TO ADJUDICATE
THE DISPUTE BETWEEN THE PETITIONER AND THE
RESPONDENT, IN THE INTEREST OF JUSTICE AND
EQUITY.

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

                            ORDER

Vikramajit Sen, CJ (Oral) The agreement between the parties contains arbitral clause. It is admitted on both sides that disputes arise which require resolution by arbitration. It is further agreed by the parties that the disputes may be referred to sole arbitration of Justice K.Shivashankar Bhat. Accordingly, the parties are referred to the Sole Arbitration of Justice K.Shivashankar Bhat, No.401, 12th main, RMV Extension, Sadashivnagar, Bangalore-560080. The Sole Arbitrator shall enter Reference, cause notice to the parties and then proceed to resolve the dispute in accordance with the Arbitration and Conciliation Act, 1996. 3

Petition stands disposed of accordingly. Registry to communicate this order to the Sole Arbitrator forthwith. Registry is further directed to return all the original papers, if any, filed along with the Petition to enable the Petitioner to produce the same before the learned Arbitrator.

Sd/-

CHIEF JUSTICE sh

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