M/S Goutham Engineering vs The Pmc Of Potential Project Managers ... on 3 July, 2013

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Karnataka High Court

M/S Goutham Engineering vs The Pmc Of Potential Project Managers ... on 3 July, 2013

Bench: Dilip B Bhosale

                            1


        IN THE HIGH COURT OF KARNATAKA AT BANGALORE

              DATED THIS THE 3rd DAY OF JULY 2013

                          BEFORE

          THE HON'BLE MR. JUSTICE DILIP B BHOSALE

                       CMP.NO.129/2012

BETWEEN

M/S GOUTHAM ENGINEERING
A PARTNERSHIP FIRM
NO.958, 12TH MAIN
HAL 2ND STAGE
INDIRANAGAR
BANGALORE-560008
REPRESENTED BY ITS MANAGING PARTNER
SRI.P.R.VIJENDRAN                           ... PETITIONER

(BY SRI K S CHANDRAHASA, ADV.,)

AND

1.    THE PMC OF POTENTIAL PROJECT MANAGERS PVT LTD
      NO.63/A, 2ND MAIN, 13TH CROSS
      J.P.NAGAR, 3RD PHASE, BANGALORE-560078

2.    MICO EMPLOYEES CO-OPERATIVE SOCIETY
      HAVING ITS REGISTERED OFFICE AT
      KAMADHENU NO.17/1, 32
      BANNERGHATTA ROAD, ADUGODI
      BANGALORE-560030
      REPRESENTED BY ITS PRESIDENT

3.    SRI S.SRIDHAR
      FATHERS NAME NOT KNOWN
      MAJOR
      PRESIDENT
                            2



4.    SRI C.SURESH
      FATHERS NAME NOT KNOWN
      MAJOR
      VICE-PRESIDENT

5.    SRI SURESH
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

6.    SRI B.S.NAGARAJ
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

7.    SRI P.WILLIAMS
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

8.    SRI S.N.CHELUVEGOWDA
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

9.    SMT S.USHA
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

10.   SRI B.H.SHANKER
      FATHERS NAME NOT KNOWN
      MAJOR
      DIRECTOR

      RESPONDENTS 3 TO 10

OF MICO EMPLOYEES CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT KAMADHENU NO.17/1, 32 3 BANNERGHATTA ROAD, ADUGODI BANGALORE-560030 ... RESPONDENTS (BY SRI P N RAJESHWARA, ADV., FOR R2-R10) (By SRI N.KHETTY, ADV. FOR R1) THIS CIVIL MISCELLANEOUS PETITION FILED U/S.11(5) & (6) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING, FOR THE REASONS STATED THEREIN, THAT THIS HON'BLE COURT MAY BE PLEASED TO APPOINT SRI AGNIHOTHRI THE RETIRED DISTRICT JUDGE AS THE SOLE ARBITRATOR OR ANYBODY ELSE WHO IS THE RECOGNIZED ARBITRATOR AS THIS HON'BLE COURT DEEMS FIT; AS THE 1ST RESPONDENT VIZ. PMC/ARCHITECT IS UNWILLING TO ACT AS AN ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAS ARISED BETWEEN THE PETITIONER AND THE RESPONDENTS IN PURSUANCE OF THE LETTER UNDER ANNEXURE-A DATED 10/10/2008, FOR ENTRUSTING THE WORK, IN THE INTEREST OF JUSTICE AND EQUITY.

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

PC:

Learned counsel for the parties have filed a joint memo dated 3-7-2013 requesting to appoint Mr.T.Mahesh Hegde, retired District Judge as the sole arbitrator.

2. The parties are accordingly referred to the sole arbitration of Mr.T.Mahesh Hegde, retired District and 4 Sessions Judge, who is settled in Bangalore. 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. The petition is disposed of. Registry to communicate this order to the sole Arbitrator forthwith.

Registry is further directed to return all original papers, if any, filed along with the petition to enable the petitioner to produce the same before the learned Arbitrator.

Sd/-

JUDGE Ia

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