Smt Omana Chetan vs Mr. S S Rangegowda and Others

A.N. Venugopala Gowda

Heard the learned counsel on both sides and perused the record.

This petition filed u/s 11(a) of the Arbitration & Conciliation Act, 1996 (for short ''the Act''), is for appointment of Retired District Judge as an Arbitrator to adjudicate the disputes between the parties by continuing the proceedings from the stage when the mandate of the earlier Arbitrator was terminated as per clause 17 of the partnership agreement dated 01.06.1999 as at Annexure-A.

CMP 100/2005 filed earlier Was allowed by an order dated 28.07.2006 and an Arbitrator was appointed to resolve the dispute between the parties. In pursuance of the order, the learned Arbitrator entered the reference and conducted the proceedings for considerable time. On account of certain developments, the learned Arbitrator made request that he be relieved of his responsibilities. Acting on the submission made by the learned Arbitrator, by an order dated 27.11.2009, he was permitted to withdraw and thus mandate given to the Arbitrator stood terminated. The petitioner filed Misc.C.16537/2009 in CMP 100/2005 to appoint a new Arbitrator in place of Arbitrator, whose mandate was terminated. The said application having been found to be untenable, by an order dated 28.07.2006, was rejected, reserving liberty to the petitioner to avail the benefit of Section 11 of the Act. This petition has been filed thereafter.

Sri Sangamesh R.B., learned Advocate appearing for the respondents has no objection to allow the petition and to appoint Sri Kukkaji Ramakrishna Bhat, Retired District & Sessions Judge, as the Arbitrator.

Sri R.Nataraj, learned counsel appearing for the petitioner submitted that, Sri Kukkaji Ramakrishna Bhat may be appointed as Sole Arbitrator to decide the dispute.

In view of the proceedings noticed supra, both the parties having consented for appointment of Sri Kukkaji Ramakrishna Bhat, Retired District & Sessions Judge, F-113, 4C, 4th Floor, Central Chambers, 2nd Main Road, Gandhinagar, Bangalore-9, as the Sole Arbitrator, the petition stands allowed.

Sri Kukkaji Ramakrishna Bhat, is appointed as Sole Arbitrator, who shall continue the proceedings from the stage the mandate of the earlier Arbitrator was terminated.

Registry is directed to forward a copy of this order along with copy of the petition to Sri Kukkaji Ramakrishna Bhat, for information and further action.