M. Srinivasulu, S/o. Venkataswamy v. BMM Ispat Ltd.
2017-02-03
A.S.BOPANNA
body2017
DigiLaw.ai
JUDGMENT : This C.M.P. is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, praying to appoint Neutral Arbitrator to adjudicate the dispute between petitioner and the respondent preferably the person who having sound knowledge in Contract and Mining Leases in terms of Clause17 of the Deed of Partnership dated 28.07.2014 vide Annexure `A’ entered into between the petitioner and the respondent in the interest of justice. This C.M.P. coming on for admission, this day, the Court made the following:- ORDER : The petitioners are before this Court in this petition under Section 11(6) of the Arbitration and Conciliation Act seeking appointment of the Sole Arbitrator to resolve the dispute between the parties. 2. The petitioners and the respondent have entered into a partnership through the partnership deed dated 28.07.2014. The petitioner contends that in respect of the partnership deed, certain disputes have arisen in view of the Mining Operations that had been conducted. Though detailed reference is made to the nature of the dispute that has arisen between the parties and the objection statement seeks to dispute the same, that by itself would indicate that certain disputes have arisen between the parties relating to partnership. In that regard, on perusal of the deed, Clause 17 would indicate that any disputes or differences between the parties is to be resolved by the Sole Arbitrator to be appointed. 3. The petitioners have issued the legal notice dated 17.01.2016 as at Annexure `E’ to the petition. The respondents have however not indicated their consent to the suggestion that had been made by the petitioners whereby the name of the Arbitrator had been suggested. In that light, keeping in view the fact that the agreement entered into between the parties is not disputed and that rival contentions have been urged with regard to the merits of the claim and the clause contained in the agreement is noticed, a Sole Arbitrator is required to be appointed by this Court. 4. Accordingly, Sri. Justice R.V. Raveendran, Former Judge, Supreme Court of India, No.8/2, Krishna Road, Basavanagudi, Bengaluru-560 004 is appointed to act as the Sole Arbitrator to resolve the dispute between the parties. A copy of this order be dispatched to the learned Arbitrator for necessary action in that regard. Learned counsel for the parties to also approach the learned Arbitrator with the relevant papers to be filed.
A copy of this order be dispatched to the learned Arbitrator for necessary action in that regard. Learned counsel for the parties to also approach the learned Arbitrator with the relevant papers to be filed. 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.