Karnataka High Court
Geo-Marine Associates vs Nuclear Power Corporation Of India Ltd on 16 November, 2023
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NC: 2023:KHC-D:13324
CMP No. 100002 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL MISC PETITION NO. 100002 OF 2020 (-)
BETWEEN:
GEO-MARINE ASSOCIATES,
REPRESENTED BY ITS POWER
OF ATTORNEY HOLDER SRI PREETAM
S/O. JAYARAM MASURKAR,
AGED ABOUT 55 YEARS, OCC: BUSINESS,
R/O: KARWAR, TQ: KARWAR,
DIST: UTTARA KANANDA.
...PETITIONER
(BY SRI VEERESH R. BUDIHAL, ADVOCATE)
AND:
NUCLEAR POWER CORPORATION OF INDIA LIMITED,
REPRESENTED BY ITS ENGINEER-IN-CHARGE (CIVIL-TS),
KAIGA GENERATING STATION, KAIGA-581 400.
...RESPONDENT
(BY SRI J.S. SHETTY, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
ROHAN SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT,
HADIMANI
T 1996 PRAYING TO A COMPETENT PERSON BE SELECTED AS A SOLE
Digitally
signed by ARBITRATOR FOR ARBITRATING THE
ROHAN
HADIMANI T
CONTROVERSIES/DISPUTES/ISSUES EMERGING BETWEEN THE
PETITIONER AND THE RESPONDENT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13324
CMP No. 100002 of 2020
ORDER
The petitioner and the respondent had entered into an agreement wherein the petitioner was required to carryout certain construction work as required by the respondent. It is not in dispute that the parties had agreed for appointing an arbitrator in case of any dispute between the parties. The petitioner has raised a dispute with the respondent and has issued notice in this regard invoking the arbitration clause and as the same has not been replied, the present petition is filed.
2. The advocate for the respondent submits that the dispute has already been referred to an arbitrator and arbitral award has already been passed and the present dispute is barred by res judicata, under the circumstance, the question of appointing another arbitrator for the same dispute does not arise.
3. Per contra, advocate for the petitioner submits that there have been several disputes between the parties -3- NC: 2023:KHC-D:13324 CMP No. 100002 of 2020 and with regard to one such dispute, arbitrator has been appointed. Now, there is another dispute that has arisen and the said dispute was not part of the earlier dispute and under the circumstance, arbitrator needs to be appointed.
4. The question as of whether the dispute is barred by res judicata or not has to be decided by the arbitrator himself. The respondent is at liberty to raise all the contentions as it deems before the arbitrator. Under these proceedings, once there was an arbitration agreement between the parties and there is a dispute before the same and hence, an arbitrator has to be appointed by this Court.
5. In the course of arguments, both the parties agree upon Shri H.R.Deshpande, retired District Judge, "Sri Kamala", HIG No. 76, 3rd Main, 8th 'E' Cross, KHB Colony, (Lakamanahalli 2nd Stage), Vidyagiri, Dharwad - 580004, Mobile No.9480428151, be appointed as sole -4- NC: 2023:KHC-D:13324 CMP No. 100002 of 2020 arbitrator to decide the dispute between the parties. Hence, the following:
ORDER Shri H.R.Deshpande, retired District Judge, "Sri Kamala", HIG No. 76, 3rd Main, 8th 'E' Cross, KHB Colony, (Lakamanahalli 2nd Stage), Vidyagiri, Dharwad - 580004, Mobile No.9480428151 is hereby appointed as sole arbitrator to decide the dispute between the petitioner and the respondent.
Registry is directed to intimate a copy of this order to Shri H.R.Deshpande, retired District Judge, "Sri Kamala", HIG No. 76, 3rd Main, 8th 'E' Cross, KHB Colony, (Lakamanahalli 2nd Stage), Vidyagiri, Dharwad - 580004, Mobile No.9480428151.
The petition is disposed off accordingly.
Sd/-
JUDGE RH List No.: 1 Sl No.: 10