Karnataka High Court
Mphasis Limited vs Ncr Corporation India Private Limted on 2 February, 2018
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY 2018
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
C.M.P. No.307 OF 2017
BETWEEN:
MPHASIS LIMITED
PRESENTLY AT: BAGMANE WORLD
TECHNOLOGY CENTRE
MARATHALLI OUTER RING ROAD
DODDANAKUNDI VILLAGE
MAHADEVAPURA, BENGALURU 560093.
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR.HEMANTH ANANTH RAM. ...PETITIONER
(BY:MR.DHANANJAY JOSHI, ADVOCATE)
AND:
NCR CORPORATION INDIA PRIVATE LIMITED
2ND FLOOR, BLOCK B, GODREJ IT PARK-P2
GODREJ BUSINESS DISTRICT
PIROJSHAHNAGAR
LBS MARG, VIKHROLI
MUMBAI 400079. ...RESPONDENT
(BY:MS.ANURADHA AGNIHOTRI, ADVOCATE)
THIS C.M.P IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTMENT OF A
SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE
ADJUDICATION OF THE PETITIONER'S CLAIM IN ACCORDANCE
WITH THE SAID CLAUSE 18.5(a) OF THE MASTER AGREEMENT,
CLAUSE 18.5 (IN PARI MATERIA WITH CLAUSE 11.4 OF THE
Date of Order 02-02-2018 C.M.P.No.307/2017
Mphasis Limited Vs. NCR Corporation India
Private Limited
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SERVICE AGREEMENT AND 12.4 OF THE MAINTENANCE
SUPPORT AGREEMENT (ANNEXURE-A, E AND F); AND TO
AWARD COSTS OF THIS PETITION TO THE PETITIONER AND
ETC.
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Mr.Dhananjay Joshi, Advocate for Petitioner. Ms.Anuradha Agnihotri, Advocate for Respondent.
1. Heard the learned counsels.
2. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996.
3. Admittedly, an arbitrable dispute and an Arbitration Clause exists in the present case between the parties. Clause-18.5 of the Master Agreement produced before this Court vide Annexure-A dated 19.10.2012 is quoted below for ready reference:-
"18.5 Dispute Resolution a. Any dispute, difference, controversy or claim between the Parties (each a "Disputing Party" and together the "Disputing Parties") arising out of or relating to this Agreement or the Date of Order 02-02-2018 C.M.P.No.307/2017 Mphasis Limited Vs. NCR Corporation India Private Limited 3/4 breach, termination or validity thereof ("Dispute") shall, upon the written request ("Request") of any Disputing Party duly served be referred to the authorised representatives of the Disputing Parties for resolution. The authorised representatives shall promptly meet and attempt to negotiate in good faith a resolution of the Dispute.
b. If the representatives are not able to resolve the disputes within 30 (thirty) days after the dispute is referred to them, all such disputes will be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 by a sole arbitrator to be jointly appointed by both parties.
c. The proceedings of the Arbitration shall be conducted in English language and place shall be Bangalore."
4. Both the learned counsels agreed to the appointment of Hon'ble Mr.Justice N.Kumar, a Former Judge of this Court to be appointed as an Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, Date of Order 02-02-2018 C.M.P.No.307/2017 Mphasis Limited Vs. NCR Corporation India Private Limited 4/4 as per the Rules, in the Arbitration Centre at Bengaluru.
5. In view of the aforesaid, the present Civil Miscellaneous Petition under Section 11 of the Act is allowed by appointing Hon'ble Mr.Justice N.Kumar, Former Judge of this Court to act as an Arbitrator in the present case.
A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Hon'ble Mr.Justice N.Kumar, on the address available with the said Arbitration Centre, Bengaluru.
Sd/-
JUDGE VGR