M/S Mast Mobile Media Private Limited vs M/S Sms Software Pvt Ltd on 23 September, 2013

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Karnataka High Court

M/S Mast Mobile Media Private Limited vs M/S Sms Software Pvt Ltd on 23 September, 2013

Bench: Ram Mohan Reddy

                                           CMP 82/2013
                         -1-




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 23RD DAY OF SEPTEMBER 2013

                      BEFORE

  THE HON'BLE MR.JUSTICE RAM MOHAN REDDY


        CIVIL MISC. PETITION NO.82 OF 2013

BETWEEN:

M/S MAST MOBILE MEDIA PRIVATE LIMITED
HAVING REGISTERED OFFICE AT B-2/1B,
NIDHI HOUSE, SAFDARJUNG ENCLAVE,
NEW DELHI-110 029.
(REPTD. BY ITS GENERAL MANAGER
MR.MADHUSUDHANA RAO P)            ... PETITIONER

(BY: SRI M V SRIDHAR CHAKRAVARTHI, ADVOCATE)

AND

M/S SMS SOFTWARE PVT LTD
OFICE AT NO.10, 100 FEET RING ROAD,
BTM LAYOUT, 1ST STAGE,
BANGALORE-560 068.
(REPTD. BY ITS DIRECTOR
MR.S.MAHALINGAM)                    ... RESPONDENT

(RESPONDENT - SERVED
 SRI. MALISUBBAIAH, CEO,
 PARTY-IN-PERSON PRESENT)


     THIS CIVIL MISC. PETITION FILED U/S.11(5 &6)(A)OF
THE ARBITRATION AND CONCILIATION ACT 1996
PRAYING, FOR THE REASONS STATED THEREIN, THAT
THIS HON'BLE COURT BE PLEASED TO APPOINT AN
                                                          CMP 82/2013
                                  -2-




INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR AS
DEEMED FIT AND NECESSARY UNDER THE FACTS AND
CIRCUMSTANCES OF THIS CASE, IN ORDER TO MEET THE
ENDS OF JUSTICE.

     THIS CMP IS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                            ORDER

Heard the learned counsel for the petitioner and Sri. Malisubbaiah, the CEO of the respondent- organization, party-in-person. There is no dispute that Clause 14.1 of the lease deed dt. 28/5/2010 - Annex.A provides for dispute resolution by way of arbitration proceedings through an arbitrator at Bangalore. Learned counsel for the petitioner submits that the petitioner has no objection for the appointment of an arbitrator of the choice of the court, while the respondent, party-in-person, also submits that the respondent has no objection to appoint an arbitrator of the choice of the court.

CMP 82/2013

-3-

2. In that view of the matter, Sri.S.Siddalingesh, District & Sessions Retired Judge, is appointed as the arbitrator and is requested to enter upon reference and conduct the arbitration proceedings in the Bangalore Arbitration Centre in accordance with the Appointment of Arbitrators by the Chief Justice of High Court Scheme, 1996.

Sd/-

JUDGE Rd/-

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Karnataka High Court