Karnataka High Court
Adecco India Private Limited vs Nyk Line(India) Pvt Ltd on 1 December, 2022
Author: B. M. Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF DECEMBER 2022
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
CIVIL MISCELLANEOUS PETITION NO.16/2019
BETWEEN :
ADECCO INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT-1956
HAVING ITS REGISTERED OFFICE AT
SAI DEEP SHRI NIDHI
NO.2, NAL WIND TUNNEL ROAD
MURUGESHPALYA
BENGALURU-560 017
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE MR ASHUTOSH JALAN.
... PETITIONER
(By SRI. JIDESH KUMAR M D., ADVOCATE)
AND :
NYK LINE(INDIA) PVT LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT-1956
HAVING ITS REGISTERED OFFICE AT
PRESENT ADDRESS
GRAND HYATT MUMBAI
OFF WESTERN EXPRESS HIGHWAY
SANTACRUZ EAST
MUMBAI-400055
MAHARASHTRA
2
REPRESENTED BY MANAGING DIRECTOR.
... RESPONDENT
(BY MS. AYANTIKA MONDAL., ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.
11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996
PRAYING TO APPOINT AN ARBITRATOR FOR AS PER
CLAUSE 8 OF MASTER CAREER TRANSITION AGREEMENT
DATED 26/03/2018 (PRODUCED AS ANNEXURE-A) AND
PASS SUCH OTHER ORDERS AS DEEMED FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of the sole arbitrator and the learned counsels for the parties submit that a retired District Judge could be appointed as the Sole Arbitrator to enter reference of the dispute at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. Hence, the following:
ORDER [a] The petition is allowed; 3 [b] Sri S.M.Shivanagoudar, a retired District Judge, Address: Door No.177/40, Anugraha, 1st main road, 2nd block, Judicial layout, Hejjala - 562 109, Ramanagara Tq & District, is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. [c] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri S.M.Shivanagoudar, a retired 4 District Judge, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/-
JUDGE SA/-