Karnataka High Court
M/S Universal Test Solutions Llp vs S.L.K.Software Services Private ... on 6 April, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
1/5
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 06TH DAY OF APRIL 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
C.M.P.No.345/2017
BETWEEN:
M/S UNIVERSAL TEST SOLUTIONS LLP
A LIMITED LIABILITY PARTNERSHIP FIRM
REGISTERED UNDER THE PROVISIONS
OF THE LLP ACT, 2008,
PRESENTLY HAVING ITS OFFICE AT NO.303,
ANURAG BUSINESS CENTRE
V.T. PATIL MARG, CHEMBUR
MUMBAI-400 071.
REPRESENTED BY ITS PARTNER
MR ANAND KHOSLA.
... PETITIONER
(BY SRI CHRISTOPHER E., ADV. FOR
SRI J. HUDSON SAMUEL, ADV.)
AND:
S.L.K.SOFTWARE SERVICES PRIVATE LIMITED
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
AND HAVING ITS REGISTERED OFFICE AT
SLK1 40/A, KHB INDUSTRIAL AREA
YELAHANKA, BANGALORE-560064.
REPRESENTED BY ITS MANAGING DIRECTOR
... RESPONDENT
(BY MS. TAMARRA SEQUEIRA, ADV. FOR
SRI RAJIV KHAITAN, ADV.)
THIS C.M.P IS FILED UNDER SECTION 11(4) & (6) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO
Date of Order 06-04-2018 C.M.P.No.345/2017
M./s. Universal Test Solutions LLP vs.
S.L.K.Software Services Private Limited
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APPOINT A RETIRED JUDGE AS THE SOLE ARBITRATOR TO
CONSTITUTE THE ARBITRAL TRIBUNAL, OR SUCH OTHER
PERSON AS THIS HON'BLE COURT DEEMS FIT AND PROPER,
TO ADJUDICATE UPON THE DISPUTE BETWEEN THE PARTIES
UNDER THE BUSINESS ALLIANCE AGREEMENT DATED:
10.10.2014 AND CONSEQUENTLY REFER THE DISPUTES TO
ARBITRATION & ETC.,
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Mr.Christopher E. Adv. for Petitioner Ms. Tamarra Sequeira Adv. for Respondent
1. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-M/s.Universal Test Solutions LLP, seeking an appointment of an Arbitrator in pursuance of Clause-22 of the Business Alliance Agreement Annexure-B dated 10.10.2014 against the Respondent- M/s.S.L.K.Software Services Pvt. Ltd.,
2. Clause-22 of the said Agreement, which is an Arbitration clause reads as under:-
"22. Arbitration, Governing Law and Jurisdiction Date of Order 06-04-2018 C.M.P.No.345/2017 M./s. Universal Test Solutions LLP vs. S.L.K.Software Services Private Limited 3/5 22.1 This Agreement shall, in all respects, be governed by and construed in all respects in accordance with the laws of the Republic of India.
22.2 All dispute or difference arising between the Parties hereunder shall be resolved by mutual discussion as mentioned in section 13.
22.3 In the event of failure to reach an amicable solution by the Parties as mentioned in section 13, such dispute shall be referred to and settled by Arbitration by three Arbitrators, one to be appointed by each party and the third to be appointed by the two Arbitrators. The Arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act, 1996. The language to be used in the arbitration proceedings shall be English. The venue of arbitration proceedings shall be Bangalore, India.
22.4 The Parties hereby agrees to submit to the exclusive jurisdiction of the courts in Bangalore, India, for initiating any legal action for enforcing any terms and conditions of this Agreement".
3. It is submitted that the first notice was given by the petitioner-company to the Respondent-company vide Annexure-D dated 30.12.2016. A reply to the Date of Order 06-04-2018 C.M.P.No.345/2017 M./s. Universal Test Solutions LLP vs. S.L.K.Software Services Private Limited 4/5 notice was given by the Respondent-company vide Annexure-F dated 20.01.2017. Subsequently, the notices were given but the parties have somehow failed to mutually agree for the appointment of the Arbitrator in the present case.
4. However, since the Arbitration clause exists in the Agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition deserves to be allowed u/S.11 of the Act and an independent Arbitrator deserves to be appointed.
5. Both the learned counsels have fairly agreed to the appointment of a Retired District Judge, namely, Mr.Praksh Kumar to act as an Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration Centre at Bangalore.
Date of Order 06-04-2018 C.M.P.No.345/2017 M./s. Universal Test Solutions LLP vs. S.L.K.Software Services Private Limited 5/5
6. Accordingly, this petition under Section 11 of the Act,1996 is disposed of by appointing Mr.Prakash Kumar, Retired District Judge, to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Mr. Prakash Kumar, on the address available with the said Arbitration Centre, Bengaluru.
Sd/-
JUDGE Srl.