Karnataka High Court
Lankipalle And Associates vs Vyoma Technologies Pvt Ltd. on 6 October, 2020
Author: S R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
CIVIL MISCELLANEOUS PETITION NO. 271 OF 2019
BETWEEN:
LANKIPALLE AND ASSOCIATES
# 28, 2ND FLOOR, 3RD MAIN ROAD
AMARAJYOTHI LAYOUT
RMV II STAGE
BENGALURU - 560 094.
A REGISTERED FIRM
REPRESENTED BY ITS PARTNER
L.E. DWARAKANATH.
...PETITIONER
(BY SRI. UMA SHANKAR.M.V., ADVOCATE)
AND:
VYOMA TECHNOLOGIES PVT LTD.,
# 247, RAJANIGANDHA APARTMENTS
# VITTAL MALLYA ROAD
BENGALURU - 560 001.
A REGISTERED COMPANY
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENT
(RESPONDENT - SERVED)
THIS C.M.P. IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A)
APPOINT OR NOMINATE ANY RETIRED DISTRICT JUDGE OR
ANY OTHER FIT PERSON ADJUDICAE AND DECIDE THE
DISPUTE BETWEEN PETITIONER AND RESPONDENT, AS PER
CLAUSE TWELVE (12) IN AGREEMTN DT: 01.11.2016 VIDE
ANNEXURE-A AND ETC
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
2
ORDER
Heard learned counsel for the petitioner and perused the material on record. The respondent has been served and has remain unrepresented and has not contested this petition.
2. The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-Lankipalle and Associates against the respondent-Vyoma Technologies Pvt. Ltd., seeking an appointment of an Arbitrator in pursuance of Clause-12 of the Agreement vide Annexure-A dated 01.11.2016.
3. Clause-12 of the said Agreement, which is an Arbitration clause reads as under:-
"12. ARBITRATION: In the event of any dispute or difference between the COMPANY and the CONSULTANT arising out of this Agreement, the same shall be referred to and settled by arbitration. The Arbitral Tribunal shall consist of two arbitrators to be nominated by each party to the dispute and the third arbitrator to be nominated by the two arbitrators. The arbitration 3 proceedings shall be in accordance of the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration proceedings shall be at Bangalore. The award of the arbitration shall be final, binding upon the parties and non-appealable. All the parties agree to be bound by same and the successful party may seek to enforce the same in a court having jurisdiction. The arbitration clause shall survive the termination of this agreement."
4. It is submitted that the requisite notice of request for reference to arbitration was given by the petitioner to the respondent vide Annexure-D dated 27.06.2018. Reply notice at Annexure-E dated 14.07.2018 was sent on behalf of the respondents. Subsequently, the parties have somehow failed to mutually agree for the appointment of the Sole Arbitrator in the present case. Hence, the petitioner is before this Court by way of this petition to appoint an arbitrator to resolve their disputes.
5. Learned counsel for the petitioner submits that though the aforesaid Arbitration Clause contemplates that any dispute between the parties to the agreement shall be 4 referred to adjudication by an arbitral tribunal at Bengaluru comprising of three members, it would be just and proper to refer the dispute only to a Sole Arbitrator in the instant case. As stated supra, the respondent has been served and has remain unrepresented and has not contested this petition.
6. In view of the aforesaid facts and circumstances and the submissions made by the learned counsel for the petitioner as stated supra, since the Arbitration clause exists in the Agreement entered into between the parties and an arbitrable dispute also exists, this Court is of the opinion that the present petition deserves to be allowed under Section 11 of the Act and an independent Sole Arbitrator deserves to be appointed.
7. Learned counsel for the petitioner has fairly agreed to the appointment of Sri. Vishwanath V.Angadi, 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. 5
8. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri. Vishwanath V.Angadi, 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 Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side and also to Sri. Vishwanath V.Angadi, 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/-