Karnataka High Court
M/S. Alten Calsoft Labs (India) Pvt.Ltd vs Marlie Consulting Services Pvt Ltd on 15 October, 2020
Author: S R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
CIVIL MISCELLANEOUS PETITION NO. 422 OF 2019
BETWEEN:
M/S. ALTEN CALSOFT LABS (INDIA) PVT.LTD.,
OFFICE AT IBC KNOWLEDGE PARK
TOWER-D, 7TH FLOOR, 4/1
BANNERGHATTA MAIN ROAD
BENGALURU - 560 029
REPRESENTED BY ITS COMPANY SECRETARY.
SRI. V.S. NAVIN SHUSHANT.
...PETITIONER
(BY SRI. KRISHNA MURTHY.V., ADVOCATE)
AND:
1. MARLIE CONSULTING SERVICES PVT.LTD
REPRESENTED BY ITS MANAGING DIRECTOR
MR. CARLOS FERREIRA
SUNCITY HEIGHTS, A-102
SECTOR 54, GURGAOR - 122 003.
2. MR. CARLOS FERREIRA
MANGAING DIRECTOR
MARLIE CONSULTING SERVICES PVT.LTD.,
SUNCITY HEIGHTS, A-102
SECTOR 54, GURGAOR - 122 003.
...RESPONDENTS
(BY SRI. GERALD MANOHARAN &
SMT. MEENAKSHY NATESON, ADVOCATES)
THIS C.M.P. IS FILED UNDER SECTION 11(5) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A)
TO APPOINT AN INDEPENDENT ARBITRATOR AND TO REFER
ALL THE CLAIMS AND DISPUTES ARISING OUT OF THE
SOFTWARE CONSULTING AGREEMENT DATED: 01.012017
BETWEEN THE PARTIES TO ARBITRATON (ANNEXURE-A).
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
2
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-M/s Alten Calsoft Labs (India) Pvt. Ltd., against respondents-Marlie Consulting Services Pvt. Ltd., and another seeking an appointment of an Arbitrator in pursuance of Clause-13.11 of the Agreement vide Annexure-A dated 27.02.2017.
2. Clause-13.11 of the said Agreement, which is an Arbitration clause reads as under:-
"13.11. Arbitration. All disputes or differences arising between the Parties as to the effect, validity or interpretation of this Agreement or as to their rights, duties or liabilities hereunder (Disputes) shall be resolved by mutual discussion. In the event of failure to reach an amicable solution by the Parties within thirty (30) days from the commencement of mutual discussions, such dispute shall be referred to and settled by Arbitration by a panel of three Arbitrators, wherein each Party shall appoint one arbitrator and the two arbitrators so appointed shall appoint the third and presiding 3 arbitrator. The Arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 and the amendments thereof. The decision of the Arbitrators shall be final and binding upon the Parties. The venue of arbitration proceedings shall be at Bangalore and the proceedings shall be conducted in English language."
3. It is submitted that the requisite notice of request for reference to arbitration was given by the petitioner to the respondents vide Annexure-C dated 25.09.2019. Annexure-D is the RPAD acknowledgment. No reply has been sent by the respondents to the said notice. Hence, the petitioner is before this Court by way of this petition to appoint the Sole Arbitrator to resolve their disputes.
4. In view of the aforesaid facts and circumstances coupled with the submissions made by the learned counsel from both sides, since the Arbitration clause exists in the aforesaid agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition 4 deserves to be allowed under Section 11 of the Act and an independent Arbitrator deserves to be appointed.
5. Both the learned counsel have fairly agreed to the appointment of Sri.Kukkaje Ramakrishna Bhat, retired District Judge to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration Centre at Bangalore.
6. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri.Kukkaje Ramakrishna Bhat, retired District Judge to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left/kept open to be decided by the Arbitral Tribunal.
A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, 5 Bengaluru for proceeding further in the matter, on administrative side and also to Sri.Kukkaje Ramakrishna Bhat, retired District Judge to the address available with the said Arbitration Centre, Bengaluru.
Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE Mds/-