Karnataka High Court
M/S Jubliant Agri And Consumer Products ... vs M/S Bloo Aqua Studio on 28 January, 2013
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28th DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
Civil Miscellaneous Petition No. 111/2012
BETWEEN:
M/S. Jubliant Agri and
Consumer Products Limited,
Formerly known as
Enpro Oil Pvt. Ltd.,
Total Mall, 4th Floor,
Kaikondarahalli, Varthur Hobli,
Sarjapura Main Road,
Bangalore - 5600 35.
By its authorized signatory,
Mr. J. Krishnan,
S/o. M. Jeevarathinam,
Aged about 60 years. : Petitioner
(By Shri. S. Basavaraj, Advocate )
AND:
M/S. Bloo Aqua Studio,
By its Proprietor
S. Nanda Kumar,
No.50, Puttenahalli Main Road,
Opp: Brigade Millennium Apartments,
J.P. Nagar, 7th Phase,
Bangalore-560 078. : Respondent
(Respondent served and unrepresented)
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This Civil Miscellaneous Petition is filed under section
11(5) of the Arbitration and Conciliation Act 1996, praying
to appoint the sole Arbitrator to adjudicate and settle the
disputes that have arisen between the petitioner and the
respondent as per the terms of the agreement dated
04.03.2010.
This CMP coming on for admission, this day, the
Court made the following:
ORDER
The petitioner is before this Court praying that an Arbitrator be appointed to resolve the dispute that has arisen between the petitioner and the respondent.
2. In respect of leave and license, an agreement dated 04.03.2010 was entered into between the parties. According to the petitioner, certain disputes have arisen in that regard and the same requires to be settled by way of an Arbitration. Though the notice of the instant petition was ordered to the respondent and the same has been served, the respondent has not chosen to appear and oppose the instant petition.
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3. The learned counsel for the petitioner has taken me through the terms of an agreement entered into between the parties wherein the provision for arbitration is provided in the said agreement as per clause 19 (j) of the agreement. The question as to whether there is a dispute between the parties about the validity of the agreement need not be considered at this stage inasmuch as, the respondent herein had filed a suit in O.S.No. 2605/2012. In the said suit, the petitioner herein had raised the question with regard to the maintainability of the suit, in view of the existence of an arbitration clause in the agreement. In the said suit, the said issue was considered as a preliminary issue and the same has been held against the respondent herein. In any event, the respondent has not brought forth any material before this Court by appearing in response to the notice issued to them to substantiate that the said Order has been set aside by the Appellate Court. The Order dated 15.09.2012 passed by the I Additional City Civil and Sessions Judge, Bangalore City (CCH-2) in O.S.No.2605/2012 is stated to have 4 attained finality inasmuch as, the same has not been challenged by the respondent herein. In that circumstances, the notice dated 01.06.2012 (Annexure-F) issued by the petitioner would indicate that the petitioner has invoked the arbitration clause contained in the agreement and also suggested the name of an Arbitrator, seeking concurrence of the respondent. Since the same has not been disputed and there being an arbitration clause, in my opinion, necessarily, the petition is to be allowed.
In that view, Shri. N.S. Sangoli, retired District and Sessions Judge, No. 415/2, 'F' Block, Sahakaranagar, (Next to Hebbal Tank), Bangalore-560 092 is appointed as the Sole Arbitrator to adjudicate and resolve the dispute between the parties herein. The learned Arbitrator shall enter reference, settle the terms of Arbitration, issue notice to the parties and thereafter conclude the proceedings in accordance with law.
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The petition is allowed in the above terms. No Order as to the costs.
Sd/-
JUDGE Vr