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2017 DIGILAW 276 (KAR)

Bensel Techno Consultants P. Ltd. v. Slingshot Solutions No. 104/41

2017-02-03

A.S.BOPANNA

body2017
ORDER : The petitioner is before this Court in this petition filed under Section 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (‘the Act, 1996 for short) seeking appointment of the sole Arbitrator to resolve the issues between the parties. 2. The petitioners and the respondents have entered into a financial agreement dated 09.01.2016 agreeing to the terms and conditions therein. Clause 4 of the said agreement provides that in the event of their being any dispute or difference between the parties, the issue is to be settled by a sole Arbitrator to be appointed in terms of the Act, 1996. Since according to the petitioners certain disputes have arisen, a notice at the first instance was issued on 02.06.2016. Subsequently through the notice dated 29.07.2016, the petitioners have indicated the name of the sole Arbitrator to resolve the disputes amongst them. The said notice had been served upon the respondents. The respondents have neither replied to the said notice nor agreed to the suggestion made by the petitioner. It is in that circumstance the petitioner is before this Court. 3. Notice of this petition was ordered to the respondents and the respondents though served have not filed any objections to the petition. Considering the fact that no reply was issued to the notice and no objection is filed herein, the petition is taken up for consideration. 4. Accordingly, having perused that an arbitration clause is contained in the financial agreement dated 09.01.2016 and since the respondents have not raised any objection to the name suggested by the petitioners, Sri. Ramachandra P. Hegde, learned Advocate, Gandhinagar, Bengaluru is appointed as the sole Arbitrator to resolve the dispute between the parties herein. 5. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioner to also approach the Arbitration Centre with the relevant papers to be filed therein. The learned Arbitrator appointed herein shall thereupon enter reference and proceed with the matter in accordance with law and Rules governing the Arbitration Centre. The petition stands disposed of accordingly.