M/S Clariya Steels Pvt Ltd vs Mr S Sudarshan Singh on 13 September, 2013

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Karnataka High Court

M/S Clariya Steels Pvt Ltd vs Mr S Sudarshan Singh on 13 September, 2013

Bench: Ram Mohan Reddy

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                                        C.M.P. 42/13

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

  DATED THIS THE 13TH DAY OF SEPTEMBER 2013

                      BEFORE

   THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

        CIVIL MISC. PETITION NO. 42 OF 2013


BETWEEN:

M/S. CLARIYA STEELS PVT. LTD.,
HAVING ITS OFFICE ITER-ALIA
AT NO. 23, DAM ROAD
INDUSTRIAL ESTATE
HOSPET - 583203.
REP.BY ITS MANAGING DIRECTOR
MR. SHAJU NAIR.
                                    ... PETITIONER

(BY SRI. GURURAJ D M, ADVOCATE)

AND :

MR. S SUDARSHAN SINGH
S/O. P SHYAM SINGH
AGE 47 YEARS
R/AT NO. 22, MODEL HOUSE
4TH STREET, BASAVANAGUDI
BANGALORE - 560 004.
                                   ... RESPONDENT

(BY SRI. C G GOPALA SWAMY, ADVOCATE)
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                                            C.M.P. 42/13

    THIS PETITION IS FILED UNDER SECTION 11(5)
OF THE ARBITRATION AND CONCILIATION ACT, 1996
PRAYING TO APPOINT A SOLE ARBITRATOR TO ENTER
UPON REFERENCE, ADJUDICATE DISPUTES WHICH
HAVE ARISEN BETWEEN THE PETITIONER AND THE
RESPONDENT AS PER AGREEMENTS DATED 27/02/2009
AND 14/03/2011; AND ETC.

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

                      ORDER

Heard the learned Counsel for the parties. Perused Clause-8 of the Machinery Agreement for a Working Mine dated 27th February 2009 Annexure-A and Clause-9 of the Supplementary Agreement dated 14.3.2011 providing for dispute redressal by way of arbitration at Bangalore and the notice issued by the respondent extending consent to appoint one Abdul Rahman, Advocate, as the sole Arbitrator to arbitrate over the dispute as well as the reply notice dated 3 rd December 2012 extending consent to appoint either 3 C.M.P. 42/13 Sri.N.S.Prasad or Sri.S.V.Bhat or Sri.S.N.Prashanth Chandra, Advocates, as the sole Arbitrator.

2. Learned Counsel for the parties, who when asked to specify any particular person by consent to appoint an Arbitrator, submit that such consent is not forthcoming. Learned Counsel for the respondent files a memo dated 13th September 2013 stating that he has no objection to refer the disputes to arbitration and have the proceeding conducted at the Bangalore Arbitration Centre.

3. I think it appropriate to appoint Justice Ajit J.Gunjal, Retired Judge of this Court as an Arbitrator. Learned Judge is requested to enter upon reference, conduct the arbitration proceeding in the 4 C.M.P. 42/13 Bangalore Arbitration Centre, in accordance with the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

Petition is ordered accordingly.

Sd/-

JUDGE.

KNM/

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