India Radio Ventures Private Limited v. Common Colours Entertainment Private Limited
2017-02-03
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : The petitioners are before this Court in this petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of the Arbitrator named in the petition. Alternatively, the petitioners have sought for appointment of any other sole Arbitrator to resolve the issues. 2. The case of the petitioners is that they had entered into a loan agreement dated 27.09.2013 with the respondents herein to advance the amount as indicated therein. It is in respect of the said agreement certain disputes have arisen between the parties and as such the petitioners got issued a notice and have presently filed this petition. 3. Notice of this petition had been ordered to the respondents. They are served and represented. 4. In that light, having heard the learned counsel I have perused the papers. 5. From the agreement dated 27.09.2013 at Clause 10.2, it is seen that the parties have agreed therein that all disputes between them would be referred to Arbitration in terms of the provision contained in the Act, 1996. The petitioners have got issued a notice dated 26.06.2015 indicating the name of the Arbitrator to be appointed as per the clause contained in the agreement. It is the very same name indicated in the instant petition. 6. The respondents on receipt of the said notice have issued reply dated 15.07.2015 as at Annexure – H. The agreement as claimed by the petitioners is disputed. A reference is made to a security agreement dated 10.02.2014. The very nature of the contentions putforth in the reply would indicate that there are certain disputes between the parties. 7. If that be the position, the same would have to be resolved by the Arbitrator to be appointed in terms of the Clause contained in the agreement. Though in the instant petition the petitioners have sought for appointment of the Arbitrator as named therein, keeping in view the fact that the respondents in their reply had not agreed to the said suggestion, it would be appropriate for this Court to appoint an independent sole Arbitrator so as to resolve the issues between the parties. 8. Accordingly Justice Sri S.R. Venkatesh Murthy, a former Judge of this Court is appointed to act as the sole Arbitrator to resolve the disputes between the parties herein. 9.
8. Accordingly Justice Sri S.R. Venkatesh Murthy, a former Judge of this Court is appointed to act as the sole Arbitrator to resolve the disputes between the parties herein. 9. 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.