Sri. K. Manikandan vs Sri. P. C. Rajesh on 10 June, 2022

[Cites 4, Cited by 0]

Karnataka High Court

Sri. K. Manikandan vs Sri. P. C. Rajesh on 10 June, 2022

Bench: S.R.Krishna Kumar

                            1




 IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 10TH DAY OF JUNE, 2022

                         BEFORE

  THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

  CIVIL MISCELLANEOUS PETITION No.377 OF 2019
BETWEEN:

SRI K.MANIKANDAN
S/O.LATE KAMCHI CHEATTEAR
AGED ABOUT 48 YEARS
R/AT NO.47, JOTHIMANI NILAYA
2ND CROSS, 4TH MAIN
B.S.K. 1ST STAGE, SRINIVASANAGAR
BANGALORE-560 050

ALSO AT:
R/AT NO.3181, 2ND MAIN
HOSAKEREHALLI CROSS
B.S.K. 3RD STAGE
BANGALORE-560 085
                                         ...PETITIONER
(BY SRI.R.S.MANJUNATHA, ADVOCATE)

AND:

SRI P.C.RAJESH
S/O.LATE CHANDRASHEKAR
AGED ABOUT 38 YEARS
RESIDING AT NO.5, 4TH MAIN ROAD
8TH CROSS, HANUMANTHANAGAR
BANGALORE-560 019
                                       ...RESPONDENT
(RESPONDENT SERVED)

     THIS C.M.P. IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO
APPOINT A SOLE ARBITRATOR TO ENQUIRE INTO AND PASS AN
AWARD IN THE DISPUTE BETWEEN THE PETITIONER AND
RESPONDENT AS PER CLAUSE 18 OF THE PARTNERSHIP DEED
DATED:03/03/2012 AS PER ANNEXURE-B AND ETC.
                                 2




     THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                            ORDER

The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner-Sri. K. Manikandan against the respondent-Sri. P.C. Rajesh, seeking appointment of an Arbitrator in pursuance of Clause-18 of the Partnership Deed vide Annexure-B dated 03.03.2012.

2. The Arbitration Clause in the aforesaid agreement reads as under:-

"18. Any dispute in connection with the partnership or this deed agreement arising between the partners or between any one of them or their legal representatives, whether during or after the partnership shall be referred to an arbitrator to be appointed under the provisions of the Indian Arbitration Act, 1940."

3. It is submitted that the requisite notice of request for reference to arbitration dated 19.09.2019 was given by the petitioner to the respondent vide Annexure-C and a copy of the postal receipt and acknowledgement for 3 having served notice of arbitration are produced vide Annexures-D and E, respectively. No reply has been sent by the respondent to the said notice. Hence, the petitioner is before this Court by way of this petition to appoint Sole Arbitrator to resolve their disputes

4. As stated supra, the respondent has been served with notice in this petition and has chosen to remain unrepresented and has not contested the petition.

5. In view of the aforesaid facts and circumstance 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 arbitral 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 Arbitrator deserves to be appointed.

6. Learned counsel for the petitioner has fairly agreed for the appointment of Shri V.N. Ravindra, retired District Judge to act as an Arbitrator to resolve the dispute 4 between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.

7. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Shri V.N. Ravindra, retired District Judge, to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

(i) All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left/kept open to be decided by the Arbitral Tribunal.

(ii) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the 5 matter, on administrative side and also to Shri V.N. Ravindra, retired District Judge to the address available with the said Arbitration and Conciliation Centre (Domestic & International), Bengaluru.

(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.

SD/-

JUDGE Bmc/-

CT:AN

Unlock Advanced Research with PRISMAI

Karnataka High Court