Civil miscellaneous petition under Sec. 11(5) of the Arbitration and Conciliation Act 1996 for appointment of a sole arbitrator under a separation agreement. The court appointed Sri. S.R.Somasekhara as the sole arbitrator.
Appointment of Sri. S.R.Somasekhara as the Sole Arbitrator to enter reference of the dispute.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY 2022
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CIVIL MISCELLANEOUS PETITION NO. 482/2022
BETWEEN :
SOURAV MUKERJEE AGED ABOUT 53 YEARS S/O LATE SALILEN KUMAR MUKERJEE R/O F-1404 FREEDOM PARK LIFE APARTMENTS SECTOR 57, GURUGRAM HARYANA 122 003
... PETITIONER
(BY SRI. SIBU GOPINATH, ADVOCATE AND SMT. NIDHI PATIL, ADVOCATE)
AND :
NOBROKER TECHNOLOGIES SOLUTIONS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT BREN MERCURY, NO 835/39 KAIKONDRAHALLI VARTHUR HOBLI SARJAPUR MAIN ROAD BANGALORE KARNATAKA 560035 REP BY MR AMIT KUMAR DIRECTOR
... RESPONDENT
(BY SMT. POORNIMA HATTI, ADVOCATE)
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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO (A) CONFIRM THE APPOINTMENT MR. S.R.SOMASEKHARA (RETD.) FORMER PRINCIPAL DISTRICT JUDGE, BENGALURU, UNDER THE AEGIS OF THE ARBITRATION CENTRE - KARNATAKA (DOMESTIC AND INTERNATIONAL) BENGALURU, AS THE SOLE ARBITRATOR OR ANY OTHER SUITABLE PERSON FOR ADJUDICATION OF CLAIMS OF THE PARTIES AS PER CLAUSE 10.2 OF THE AGREEMENT DATED 28/04/2021 AS PER ANNEXURE D.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is by the respondent's former employee, and on termination of his employment, the parties have signed "Separation and Settlement Agreement" dated 28.04.2021 (Annexure-D) which incorporates the clause for resolution of disputes by a Sole Arbitrator. The parties have exchanged notices and
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the petitioner has suggested Sri. S.R.Somasekhara, a retired District Judge, as a Sole Arbitrator.
The learned counsel for the respondent submits that the agreement is not disputed and the respondent would not contest the request for appointment of a Sole Arbitrator, but the respondent is aggrieved by certain allegations by the petitioner. Even if the petitioner is unjustified in his certain remarks/allegations against the respondent, that would not be a reason to reject the petition when there is a dispute and there is an agreement for appointment of a Sole Arbitrator. Therefore, this Court is of the view that Sri. S.R.Somasekhara, a retired District Judge must be appointed as a Sole Arbitrator to enter reference of the dispute. Hence, the following:
ORDER
[a] The petition is allowed;
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[b] Sri. S.R.Somasekhara, retired District Judge, Address: No.H-802, Pride Enchanta, Opposite BHEL, Mysore Road, Bengaluru - 560 026, 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 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 to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. S.R.Somasekhara, retired District Judge, Address: No.H-802, Pride Enchanta,
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Opposite BHEL, Mysore Road, Bengaluru - 560 026, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/JUDGE
RB
Sourav Mukerjee
NoBroker Technologies Solutions Pvt. Ltd.
B. M. Shyam Prasad
As recorded by the court registry
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