The High Court of Karnataka allowed a civil petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, appointing a retired District Judge as the sole arbitrator despite the respondent's absence.
Sri. S. M. Shivanagoudar, a retired District Judge, appointed as the Sole Arbitrator.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF NOVEMBER 2022
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
CIVIL MISCELLANEOUS PETITION NO.288/2022
BETWEEN :
M/S. P R S CONSTRUCTIONS R/AT NO. 894, 38TH CROSS 20TH MAIN, 4TH T BLOCK JAYANGAR, BANGALORE 560 041 REPRESENTD BY ITS PROPRIETOR SRI K R PRAKASH REDDY.
... PETITIONER
(By SRI. BHARATH KUMAR V., ADVOCATE)
AND :
B T L EDUCATIONAL TRUST FOR RURAL DEVELOPMENT HAVING REGISTERED UNDER INIDAN TRUST ACT, NO.259/B BOMMASANDRA INDUSTRIAL AREA HOSUR ROAD, BANGLAORE 560099 REPRESENTD BY ITS ADDITIONAL SECRETARY SRI. H.D. RANGANATH.
... RESPONDENT
(RESPONDENT SERVED- UNREPRESENTED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND RECONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE
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ARBITRATOR TO ADJUDICATE/RESOLVE THE DISPUTES AND DIFFERENCES ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT IN RELATION TO THE ARTICLES OF AGREEMENT DATED 08.10.2014 VIDE ANNEXURE-A EXECUTED TO THE PETITIONER BY THE RESPONDENT FOR "CONSTRUCTION OF CIVIL ENGINEERING BLOCK" FOR RESPONDENT TRUST AS PER TENDER DOCUMENT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 relying upon the terms of engagement with the respondent as per the Articles of Agreement dated 08.10.2014 which contains an agreement for resolution of all disputes by an arbitrator. The petitioner has caused legal notice dated 15.09.2020 (Annexure-B) nominating a learned member of the Bar as the sole arbitrator. The petitioner has referred to the assurance by Chairman of the respondent to settle the claim and the failure to settle the claim despite such assurance to contend that the arbitration agreement is rightly invoked.
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While the learned counsel for the petitioner argues in reiteration of the aforesaid, the respondent though served has remained absent. In the aforesaid circumstances, this Court is of the considered view that leaving open all questions to be decided in the arbitral proceedings, the petition must be disposed of appointing a retired District Judge as the sole arbitrator. Therefore, the following:
ORDER
[a] The petition is allowed;
[b] Sri. S. M. Shivanagoudar, a retired
District Judge, Address: Door No.177/40, Anugraha, 1st main road, 2nd block, Judicial layout, Hejjala – 562 109, Ramanagara Tq & District, is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the proceeding at the Arbitration and Conciliation
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Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.
[c] The Registry is directed to communicate this order [also by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. S. M. Shivanagoudar, a retired District Judge, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/JUDGE
RB
1 issue framed by the court
Whether to appoint a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 when the respondent remains absent.
2 provisions across 1 enactments
M/s. P R S Constructions
B T L Educational Trust for Rural Development
B. M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
