The High Court of Karnataka appointed a former Judge as the sole arbitrator to adjudicate a dispute between the petitioner and respondents under Section 11(5) of the Arbitration and Conciliation Act, 1996, based on a valid agreement.
Appointment of Hon'ble Sri. Justice John Michael Cunha as the sole Arbitrator to adjudicate the dispute.
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.
NC: 2023:KHC:36596 CMP No. 736 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 736 OF 2022
BETWEEN:
SURANA CONSTRUCTIONS LLP LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2008 HAVING ITS ADMINISTRATIVE OFFICE AT NO HG 4, INTERNATIONAL TRADE CENTRE MAJURA GATE, RING ROAD SURAT 395002 GUJARAT REPRESENTED BY ITS AUTHORISED SIGNATORY / POWER OF ATTORNEY HOLDER, MR. MANOJ NAHATA
…PETITIONER
(BY SRI. VENKATESH S ARBATTI., ADVOCATE)
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AND:
NO 175, 1ST MAIN ROAD SESHADRIPURAM
BANGALORE 560020
BANGALORE-560 020
BANGALORE 560020
…RESPONDENTS
(V/O. DATED 25.09.2023 SERVICE OF NOTICE TO R1 TO R9 ARE HELD SUFFICIENT
SRI. G.S.VENKATA SUBBA RAO, ADVOCATE FOR R10)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996 TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES, AS PROVIDED IN THE MEMORANDUM OF
NC: 2023:KHC:36596 CMP No. 736 of 2022
AGREEMENTS DATED 15/06/2016 AS PER ANNEXUREB, ANNEXURE-C AND ANNEXURE-D.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed for the appointment of a sole Arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 and relying upon the registered Memorandum of Agreement dated 15.06.2016 and the arbitration notice issued on 27.07.2022. Sri. Venkatesh S. Arbatti, the learned counsel for the petitioner, and Sri. G.S.Venkata Subba Rao, the learned counsel for the respondent No.10, after being heard for sometime, submit that leaving open all questions to be decided in the arbitral proceedings except insofar as the existence of the agreement for arbitration and the arbitrability of the dispute, a former Judge of this Court could be appointed as the sole Arbitrator.
As regards the other respondents, it is seen that they have remained absent but they have been
NC: 2023:KHC:36596 CMP No. 736 of 2022
represented by the respondent No.9 as their Power of Attorney at the time of execution of the three agreements. In the light of the afore and that the dispute relates to the petitioner’s claim for investment in a project, a former Judge of this Court must be appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondents leaving open all questions, except as regards the existence of the agreement for arbitration and the arbitrability of the dispute, to be decided in the arbitral proceedings. Hence, the following:
ORDER
[a] The petition is allowed.
[b] Hon'ble Sri. Justice John Michael
Cunha, a former Judge of this Court, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and
NC: 2023:KHC:36596 CMP No. 736 of 2022
International), Bengaluru according to the Rules governing the Centre.
[c] The Registry is directed to communicate
this order [also by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Hon'ble Sri. Justice John Michael Cunha, a former Judge of this Court, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka
High Court Scheme, 1996.
Sd/JUDGE
RB
2 issues framed by the court
Whether a sole arbitrator should be appointed to adjudicate the dispute under Section 11(5) of the Arbitration and Conciliation Act, 1996.
Whether the dispute arising from the Memorandum of Agreement is arbitrable and the agreement for arbitration is valid.
2 provisions across 1 enactments
Surana Constructions LLP
Mr. M.V.Ranganath
Mrs. Arathi Ramesh
Mr. M.R.Arun Kumar
Mrs. Kamala Krishnamurthy
Mr. N.S.Krishnamurthy
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
