Karnataka High Court
M/S Creative Stairs vs Sri C B Ravindra on 7 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:5112
CMP No. 166 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CIVIL MISC. PETITION NO. 166 OF 2023
BETWEEN:
M/S CREATIVE STAIRS
HAVING ITS REGISTERED OFFICE AT
NO.970, 16TH B CROSS,
YELAHANAKA NEW TOWN,
BENGALURU-560064
REPRESENTED BY ITS PROPRIETOR,
AUTHORIZED SIGNATORY,
MR GANAPATHI RAJ P
S/O PARAMASHIVAM
AGED ABOUT 33 YEARS.
...PETITIONER
(BY SRI. P. M. GOPI.,ADVOCATE)
AND:
Digitally SRI C. B. RAVINDRA
signed by
NARASIMHA S/O LATE BYRASHETTY
MURTHY AGED ABOUT 54 YEARS,
VANAMALA
Location:
R/AT NO.174, 5TH MAIN,
HIGH BCC LAYOUT, VIJAYANAGAR
COURT OF
KARNATAKA BENGALURU-560040.
...RESPONDENT
(RESPONDENT IS SERVED AND UNREPRESENTED)
THIS CIVIL MISC. PETITION IS FILED UNDER
SECTION 11 (6) OF THE ARBITRATION AND CONCILIATION
ACT, 1996, READ WITH CLAUSE 2 OF THE APPOINTMENT
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NC: 2024:KHC:5112
CMP No. 166 of 2023
OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA
HIGH COURT SCHEME, 1996 PRAYING TO APPOINT AN
INDEPENDENT ARBITRATOR TO HEAR AND DECIDE THE
DISPUTES BETWEEN THE PETITIONER AND RESPONDENT
BETWEEN THE PETITIONER AND RESPONDENT
PURSUANT TO ARBITRATION CLAUSE OF THE BUILDING
CONSTRUCTION CONTRACT AGREEMENT DATED
01.12.2021, AS PER ANNEXURE-B1 & B2.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner against the respondent seeking appointment of an Arbitrator in terms of the Arbitration Agreement contained at Clause No.11 of the Building Construction Contract Agreement dated 01.12.2021 entered into between the parties.
2. Clause No.11 of the Building Construction Contract Agreement dated 01.12.2021, which is an Arbitration clause reads as under:-
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NC: 2024:KHC:5112 CMP No. 166 of 2023 "All disputes and differences that may arise between the parties shall be referred to the Arbitrator for resolution.
The decision of the arbitrator shall be final. The arbitration proceedings shall be at Bengaluru."
3. The material on record discloses that since disputes arose between the parties in relation to the aforesaid Agreement containing the aforesaid arbitration agreement/Clause, the petitioner invoked the aforesaid arbitration clause and issued a notice dated 17.03.2023 to the respondent putting forth various claims and contentions and nominating and appointing a sole arbitrator and calling upon the respondent to give his concurrence/consent to refer the dispute to arbitration.
4. Though the respondent sent reply dated 11.04.2023 denying the claim of the petitioner, the respondent has not disputed/denied the existence of arbitration agreement/clause in the contracts entered into between the parties. Subsequently, the parties have not only failed to resolve their disputes but they have also not -4- NC: 2024:KHC:5112 CMP No. 166 of 2023 reached any consensus / agreement for appointment of an arbitrator and as such, petitioner is before this Court by way of the present petition. Even in the present petition, while the respondent has been served and has remained unrepresented and has not contested the petition and accordingly does not dispute or deny the existence of arbitration agreement / clause in the contracts entered into between the parties.
5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that there exists an arbitration agreement / clause in the contracts entered into between the parties, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to allow this petition by referring the dispute between the parties to arbitration with the consent of both sides by appointing Smt B N Sujatha, a retired District Judge, to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration -5- NC: 2024:KHC:5112 CMP No. 166 of 2023 and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
6. In the result, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) Smt B N Sujatha, a retired District Judge, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
(iii) All rival claims, contentions, etc., of both parties including contentions relating to maintainability, arbitrability, jurisdiction, limitation, stamp duty, etc., are left/kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same. -6-
NC: 2024:KHC:5112 CMP No. 166 of 2023
(iv) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further and also to Smt B N Sujatha, a retired District Judge, to the address available with the said Centre.
(v) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE AN/-