A.V.NARASIMHAN vs M/S.NARAYANASWAMY SUPER SPECIALITY HOSPITALITY PVT. LTD

The petitioners-Mr.A.V.Narasimhan and Mrs.Arundathi R. Somayaji have filed this present petition u/s. 11 of the Arbitration and Conciliation

Act, 1996, against the Respondent- M/s.Narayanaswamy Super Speciality Hospitality Pvt. Ltd. for appointment of an Arbitrator on account of a

dispute arising between the parties under a Lease Deed Annexure-A dated 16.02.2012.

Arbitration Clause Article 19 in the said Lease Deed is quoted below for ready reference:

Article 19 -Dispute Resolution:

In the event of any dispute or difference arising between the parties hereto or as to the rights and obligations under this Deed or any breach there

of shall be settled by amicable mutual negotiations. If such differences or disputes as between the parties cannot be settled through amicable mutual

negotiations within 30 days of notice of such disputes, the same shall be referred to Arbitration by a sole Arbitrator to be appointed with the mutual

consent of both the parties. In the event parties are unable to mutually appoint an Arbitrator within 30 days thereof, the sole Arbitrator shall be

appointed as per the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in accordance with the provisions

of the Arbitration and Conciliation Act, 1996 and any statutory modifications therefore from time to time. The Courts at Bangalore shall have

jurisdiction in all matters arising out of the arbitral award and the arbitration agreement. Arbitration proceedings shall be at Bangalore and in English

language only. The Fees and Costs of the Arbitration, including the fees of the Arbitrator shall be shared equally by the parties"".

Petitioners though served notices upon the Respondent-Company to pay arrears of rent, terminating the lease deed and referring the matter to

the Arbitration, the Respondent has not responded to such notices. Hence, this petition u/s.11(5) and (6) of the Act.

Both the learned counsels fairly agreed to the appointment of Mr.I.S.Antin, a Retired District Judge to be appointed as an Arbitrator to resolve

the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules, in the Arbitration Centre at

Bangalore.

In view of the aforesaid, the present Civil Miscellaneous petition is allowed by appointing Mr.I.S.Antin, a Retired District Judge to act as an

Arbitrator in the present case.

A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter, on administrative side

and also to Mr.I.S.Antin, on the address available with the said Arbitration Centre, Bengaluru.