High Court allowed a petition under Section 11 of the Arbitration Act to appoint a sole arbitrator. The court appointed Sri Radhakrishna Holla K. as arbitrator, noting the respondent did not deny the arbitration clause's existence.
Petition allowed; Sri Radhakrishna Holla K. appointed as 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.
NC: 2024:KHC:792 CMP No. 696 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CIVIL MISC. PETITION NO. 696 OF 2022
BETWEEN:
SRI K VIJAYARAJ S/O LATE KANIK MALJI AGED ABOUT 65 YEARS R/AT HOUSE NO 250 GURUMURTHY REDDY LAYOUT RAMURTHY NAGAR BANGALORE 560016
…PETITIONER
(BY SMT. S.HIMA KIRANA, ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE)
NC: 2024:KHC:792 CMP No. 696 of 2022
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE ARISEN BETWEEN THE PARTIES AS PER CLAUSE 20 OF ANNEXURE-A TO THE PETITION DATED 20.04.2012.
THIS PETITION, COMING ON FOR ORDERS, 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 respondents seeking appointment of an Arbitrator in terms of the Arbitration Agreement contained at Clause No.20 in the Agreement of Lease dated 20.04.2012 entered into between the parties.
2. Clause No.20 of the Agreement of Lease dated
20.04.2012, which is an Arbitration clause reads as under:-
“ 20. This agreement shall be interpreted, governed and construed under laws of India and all disputes, differences and questions relating to or arising out of this Agreement, including without limitation, any questions relating to the existence, validity and enforceability of any of the provisions of this Agreement,
shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) by a sole arbitrator appointed by the Lessee. During the pendency of any dispute under arbitration proceedings, the Parties shall continue to exercise their respective rights and fulfill their remaining obligations under this Agreement. With respect to such arbitration, the following provisions shall apply:
disputes arose between the parties in relation to the aforesaid Agreement containing the aforesaid arbitration agreement/Clause, the petitioner invoked the aforesaid arbitration clause and issued a notice dated 16.04.2022 to
NC: 2024:KHC:792 CMP No. 696 of 2022
the respondents putting forth various claims and contentions and nominating and appointing a sole arbitrator and calling upon the respondents to give their concurrence / consent to refer the dispute to arbitration.
circumstances, though several contentions have been
NC: 2024:KHC:792 CMP No. 696 of 2022
urged by both sides in support of their respective claims, having regard to the undisputed fact that there exists an arbitration agreement / clause in the contracts entered into between the parties, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to allow this petition by referring the dispute between the parties to arbitration with the consent of both sides by appointing Sri. Radhakrishna Holla K., a retired District Judge , to act as the 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. Radhakrishna Holla K., a retired District Judge , is hereby appointed as the sole Arbitrator to resolve the dispute
NC: 2024:KHC:792 CMP No. 696 of 2022
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.
Sri. Radhakrishna Holla K., a retired District Judge , to the address available with the said Centre.
NC: 2024:KHC:792 CMP No. 696 of 2022
SD/JUDGE
RB
3 issues framed by the court
Whether Court can appoint sole arbitrator under Section 11 when existence of arbitration clause is not disputed.
Whether rival claims regarding maintainability and jurisdiction are examinable in Section 11 petition.
Whether appointment of arbitrator pursuant to mutual agreement or unilateral appointment by lessee is appropriate.
2 provisions across 2 enactments
Sri K Vijayaraj
M/S Ritemed Pharma Retail Pvt Ltd
Optive Health Solutions Private Limited
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
