Karnataka High Court
N Girish vs Harsha Melanta on 16 August, 2017
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST 2017
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
CIVIL MISCELLANEOUS PETITION No.61 OF 2017
C/W.
CIVIL MISCELLANEOUS PETITION No.8 OF 2017
C.M.P.No.61/2017:
BETWEEN:
N.Girish,
S/o.Narayanaswamy,
Aged 37 years,
Partner - "By the Way",
No.437-F, Hebbal Industrial Area,
Mysuru - 23.
Also at:
Residence No.230,
Railway Layout 2nd Stage,
Vijayanagara,
Mysuru - 23. ... Petitioner
(By Sri R.B.Sangamesh, Advocate)
AND:
1. Harsha Melanta,
S/o.M.Gopalakrishna Melanta,
Aged about 39 years,
No.1, Shankar Krishna,
H.No.6, No.56, 3B, Srirampura
3rd Stage, BEML Layout,
Mysore - 23.
2
2. Sri Kumar Gaurav,
S/o.Krishna Prasad Shah,
Aged about 30 years,
R/at Shastrinagar Main Road,
Mungar, Bihar - 811 201.
3. Sri Vijaya Shankar,
S/o.Siddalingappa,
Aged about 38 years,
No.2168/2, Valmiki Road,
Mysore - 02,
No.1 to 3 also R/at:
437-F, Hebbal Industrial area,
Mysuru - 23. ...Respondents
(By Sri S.Rupesh Kumar, Advocate)
This civil miscellaneous petition is filed under Section 11(6)
of the Arbitration and Conciliation Act 1996, praying to appoint
arbitrator for the purpose of deciding the dispute between the
parties in respect of partnership deed dated 03.03.2014
(Annexure-A) by fixing the venue of arbitration at Mysuru and
etc.
C.M.P.No.8/2017:
BETWEEN:
M/s.By the Way,
Having its place of business at
#438 F, next to HCG Bharath
Cancer Hospital,
Hebbal Industrial Area,
Mysuru - 570 016,
Represented by its partners.
1. Harsha Melanta,
Aged about 38 years,
S/o.M.Gopalakrishna Melanta,
Residing at # 1, Shanta Krishna,
3
House No.6, 3rd Stage,
Srirampura,
BEML Layout,
Mysore - 570008.
2. Kumar Gaurav,
Aged about 30 years,
S/o.Krishna Prasad Shah,
Residing at # 786,
Ground Floor, 16th Cross,
Kaveri Circle, Hebbal 2nd Stage,
Mysuru - 570 002.
3. Vijaya Kumar S.
Aged about 37 years,
S/o.Siddalingappa,
Residing at # 2168/2, Valmiki Road,
V.V.Mohalla
Mysore - 570 002. ... Petitioners
(By Sri S.Rupesh Kumar, Advocate)
AND:
Sri N.Girish,
Aged about 37 years,
S/o.Narayanaswamy,
Residing at # 230,
4th Cross, Hebbal Main Road,
2nd Stage, Vijayanagar,
Metagalli Post,
Mysuru - 570 017. ...Respondent
(By Sri R.B.Sangamesh, Advocate)
This civil miscellaneous petition is filed under Section 11(5)
of the Arbitration and Conciliation Act 1996, praying to appoint a
sold arbitrator namely Hon'ble retired District Judge Sri
Venkatesh or any other retired District Judge to adjudicate upon
the lis between the parties arose under the partnership deed
dated 03.03.2014 and etc.
4
These petitions, coming on for admission, this day, the
Court made the following:
ORDER
Both the petitions are filed seeking the appointment of the arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.
2. The parties herein have entered into the Partnership Deeds, both dated 03.03.2014 (Annexure-A in both the petitions). Clauses 19 of the said deeds provide for the dispute resolution through arbitration mechanism. The dispute has arisen in relation to the said agreement.
3. Both the learned advocates jointly request that a retired District Judge residing in Mysuru may be appointed as the sole arbitrator as the parties reside in Mysuru.
4. On hearing both the learned advocates, I allow these petitions. I appoint Smt.H.S.Kamala, a retired District Judge as the sole arbitrator. She shall enter upon the reference, conduct the arbitration proceedings at Mysuru and arbitrate the dispute. 5
5. Registry is directed to send a copy of this order to Smt.H.S.Kamala, forthwith.
Sd/-
JUDGE Cm/-