Karnataka High Court
Smt. Rekha vs Rohit Murthy on 25 September, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL MISCELLANEOUS PETITION No.246/2019
Between:
Smt. Rekha,
Partner,
M/s. Ananda Foods
Aged about 34 years,
W/o late P.L. Shankar,
Residing at No.1187,
Ganasethu, 3rd Cross,
HAL 3rd Stage,
Bangalore - 560 075. ... Petitioner
(By Sri G.S. Naveen Kumar, Advocate for
Sri S.B. Mukkannappa, Advocate)
And:
1. Rohit Murthy,
S/o S. Krishnamurthy,
Parnter,
M/s. Ananda Foods
Aged about 31 years,
Presently residing at No.168,
Kamadenu, Green Avenue,
LRN Colony,
Sarada College Road,
Salem - 636 007,
Tamil Nadu.
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2. Gnana Sekar Kanda Swamy,
S/o Kanda Swamy N.,
Partner,
M/s. Ananda Foods,
Aged about 36 years,
Residing at No.52F,
Bommasandra Industrial Layout,
Phase II,
Bangalore - 562 100. ... Respondents
(By Sri Thiruvengadam B.C., Advocate for R1;
R2 - Served and Unrepresented)
This Civil Miscellaneous Petition is filed under Section
11(5) of the Arbitration and Conciliation Act, 1996, praying
to appoint an Arbitrator to adjudicate the dispute between
the petitioner and the respondents vide Annexure-A,
agreement dated 30.10.2014 and pass such other orders as
this Hon'ble Court deems fit, in the interests of justice and
equity.
This Civil Miscellaneous Petition coming on for
admission, this day, the Court made the following:
ORDER
The petitioner has filed the present petition seeking for appointment of an Arbitrator to adjudicate the dispute between the petitioner and the respondent relating to the agreement at Annexure-'A' dated 30.10.2014. It is submitted that the Partnership Deed provides for carrying on the business and that the petitioner and respondent nos.1 and 2 are entitled to 3 profit as detailed in the Partnership Deed, accruing from the business.
2. It is further submitted that in the event of any dispute as per Clause 19 of the Partnership Deed dated 30.10.2014, arbitration is provided for.
3. The learned counsel for petitioner submits that notice at Annexure-'D' was issued to the respondent no.1, which has been replied to. As regards notice to the respondent no.2, it is asserted that though notice was issued, there was no response. The said notices detail the dispute and seek invocation of arbitration clause suggesting the name of Sri.B.S.Reddy, Retired District Judge as an Arbitrator.
4. It is submitted that the respondents have issued reply to the notice at Annexure-'D1', however, there has been absence of concurrence for the proposal made by the petitioner. Accordingly, the present petition has been filed.
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5. The second respondent though served has remained unrepresented.
6. The learned counsel for respondents submit that they have no objection for the matter being referred to arbitration and that the matter could be referred for arbitration to the Bangalore International Mediation, Arbitration and Conciliation Centre (BIMACC), Bengaluru. The learned counsel for the petitioner consents for the same.
7. Taking note of Clause 19 of the Partnership Deed and the contents of the legal notice and exchange of correspondence between the petitioner and the respondents, it is clear that the dispute has arisen which could be resolved by arbitration as per Clause 19 of the Partnership Deed dated 30.10.2014.
8. Accordingly, Justice A. N. Venugopala Gowda, Former Judge, High Court of Karnataka, is appointed as 5 a sole Arbitrator to enter upon the reference and conduct the arbitration. The fee structure and rules would be as per the Bangalore International Mediation, Arbitration and Conciliation Centre (BIMACC) Fee Structure and Rules. All issues and contentions of the parties are kept open.
9. Accordingly, the petition is disposed off. The Registry is directed to send a copy of this order to the Bangalore International Mediation, Arbitration and Conciliation Centre (BIMACC), No.31, Nandidurg Road, Jayamahal, Bangalore- 560 046, forthwith. Further, the registry to return the originals or certified copies of documents produced by the parties, if any, after receiving photocopies of documents.
Sd/-
JUDGE Np/-
ct:mhp