This petition sought appointment of a sole arbitrator under Section 11 of the Arbitration Act, 1996 based on an arbitration clause in work orders. The Court found the agreement undisputed and appointed Sri. R.M. Vaidya as the sole arbitrator.
Appointment of Sri. R.M. Vaidya, Retired District Judge, as sole Arbitrator.
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NC: 2024:KHC:135 CMP No. 227 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CIVIL MISC. PETITION NO. 227 OF 2022
BETWEEN:
UNIMECH SYSTEMS (BANGALORE) PVT. LTD. NO. 197, 1ST FLOOR, 12TH MAIN, 4TH BLOCK, KORAMANGALA, BANGALORE – 560 034. REPRESENTED BY DIRECTOR (OPERATIONS), SRI. JOSEPH BENEDICT.
…PETITIONER
(BY SRI. ANIYAN JOSEPH.,ADVOCATE) AND:
NITESH ESTATES LTD 7TH FLOOR, NITESH TIMESQUARE, NO.1, M.G. ROAD, BANGALORE-560 001. REPRESENTED BY ITS MANAGING DIRECTOR SRI. NITESH SHETTY.
…RESPONDENT
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
(BY SRI. VIKRAM UNNI RAJAGOPAL.,ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT ANY OF THE RETIRED DISTRICT JUDGE AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONERS AND RESPONDENT AS PROVIDED UNDER CLAUSE 15 (OTHER TERMS & CONTIDITIONS) OF THE AGREEMENT DATED: 16.09.2011 PRODUCED AS ANNEXURE A-1 AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEM FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
NC: 2024:KHC:135 CMP No. 227 of 2022
THIS PETITION, 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 against the respondent seeking appointment of an Arbitrator in terms of the Arbitration Agreement contained at Clause No. 15 (Other terms and conditions) in the Work orders dated 16.09.2011, 31.08.2011 and 04.10.2012 respectively entered into between the parties as
hereunder:-
“OTHER TERMS AND CONDITIONS
15. All disputes shall be settled through arbitration
subject to Bangalore jurisdiction.”
NC: 2024:KHC:135 CMP No. 227 of 2022
3. The respondent did not send any reply and have not
disputed the existence of arbitration agreement / clause in the contracts entered into between the parties. Subsequently, the parties have not only failed to resolve their disputes but they have also not reached any consensus / agreement for appointment of an arbitrator and as such, petitioner is before this Court by way of the present petition. Even in the present petition, while the respondent has filed their statement of objections denying the claims of the petitioner, the respondent does not dispute or deny the existence of arbitration agreement / clause in the contracts entered into between the parties.
NC: 2024:KHC:135 CMP No. 227 of 2022
sole Arbitrator to resolve the dispute 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.
ORDER
(ii) Sri.R.M.Vaidya, Retired District Judge , is hereby
appointed as the sole Arbitrator to resolve the dispute between the parties as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
(iii) All rival claims, contentions, etc., of both parties including contentions relating to maintainability, arbitrability, jurisdiction, limitation, stamp duty, etc., are left/kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same.
(iv) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further and also to
NC: 2024:KHC:135 CMP No. 227 of 2022
Sri.R.M.Vaidya, Retired District Judge to the address available
with the said Centre.
(v) Registry is directed to return all original documents
produced by any of the parties after obtaining Photostat copies of the same.
Sd/JUDGE
DHA/SRL
1 issue framed by the court
Whether the Court can appoint a sole arbitrator under Section 11 when there is an undisputed arbitration agreement.
1 provisions across 1 enactments
Unimech Systems (Bangalore) Pvt. Ltd.
Nitesh Estates Ltd
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
