Mphasis Limited vs Mic Electronics Limited on 18 January, 2017

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Karnataka High Court

Mphasis Limited vs Mic Electronics Limited on 18 January, 2017

Bench: Ashok B. Hinchigeri

                                 1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF JANUARY 2017

                            BEFORE

   THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

      CIVIL MISCELLANEOUS PETITION No.169/2016

BETWEEN:

Mphasis Limited,
Bagmane World Technology Centre,
Marathalli Outer Ring Road,
Doddanakundi Village, Mahadevapura,
Bengaluru - 560 048.
Rep. by its Vice President Legal
Hemanth Ananth Ram.                                      ...Petitioner

                (By Sri Dhananjay Joshi, Advocate)

AND:

MIC Electronics Limited,
No.A-4/II, Electronics Complex,
Kushaiguda, ECIL Post,
Hyderabad - 560 062.                                   ... Respondent

               (Respondent - notice held sufficient)
      This civil miscellaneous petition is filed under Section 11(6)
of the Arbitration and Conciliation Act, 1996, praying to constitute
the 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 Master Service Agreement dated 14.4.2012
(Annexure-A) and etc.
                                   2



       This civil miscellaneous petition, coming on for admission,
this day, the Court made the following:

                            ORDER

The petitioner and the respondent have entered into Master Services Agreement, dated 14.4.2012 (Annexure-A). Clause 9 of the said agreement provides for the dispute resolution through arbitration.

2. Sri Dhananjay Joshi, the learned counsel for the petitioner submits that the petitioner has received few intermittent payments for the services rendered by the petitioner for various railways stations in different places. He submits that the amounts due from the respondent to the petitioner are in the region of `14 Crores.

3. The respondent has remained unrepresented, though served with the notice.

4. The dispute has arisen in relation to the said Master Services Agreement. Clause 9 of the said agreement reads as follows:

" 9. Governing Law and Arbitration 9.1 Any Dispute or Difference between the Parties hereto, arising out of or in connection with this Agreement shall be solved amicably by discussions and negotiations. Unresolved disputes or differences if any shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The Venue of arbitration shall be at Bangalore."

5. On hearing both the learned advocates, I allow this petition. I appoint Sri Justice H. Rangavittalachar, a retired Judge of this Court, as the sole arbitrator. He is requested to enter upon the arbitration, arbitrate the dispute and conduct the arbitration proceedings at the Arbitration and Conciliation Centre, Bengaluru (Domestic and International), as per the Arbitration and Conciliation Centre Rules, 2012.

6. Registry is directed to send a copy of this order to the Arbitration Centre, Bengaluru, forthwith.

Sd/-

JUDGE MD

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Karnataka High Court