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NC: 2023:KHC:30352
CMP No. 88 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
CIVIL MISC. PETITION NO. 88 OF 2023
BETWEEN:
MR GURINDER P SINGH DHALL
AGE OF 72 YEARS
PROPRIETOR OF M/S DHALL ALCOBEV
REGISTERED PROPRIETORSHIP FIRM
M/F-90/32, OKHLA INDUSTRIAL AREA, PHASE-I,NEW DELHI-110020 …PETITIONER
(BY MS. VARSHA MANOJ, ADVOCATE)
AND:
ANHEUSER BUSH INBEV INDIA LTD
(FORMERLY SABMILLER INDIA LIMITED)
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT,1956
6TH FLOOR,GREEN HEART BUILDING,
MFAR MANYATA TECH PARK,
PHASE-IV,NAGAVARA, BENGALURU-560045 …RESPONDENT
(V/O. DATED 17.08.2013, NOTICE TO THE
RESPONDENT IS HELD SUFFICIENT)
THIS CIVIL MISC. PETITION UNDER SECTION 11
(5) OF THE ARBITRATION AND CONCILIATION ACT,1996,
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PRAYING TO APPOINT A SOLE ARBITRATOR AS THIS
HONBLE COURT MAY DEEM FIT, AND REFER THE
DISPUTES BETWEEN THE PARTIES TO ARBITRATION
UNDER THE SERVICE PROVIDER AGREEMENT DATED
20.09.2017 AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, in support of the prayer for appointment of a sole Arbitrator, relies on an agreement for arbitration as contained in the Service Provider Agreement dated 20.09.2017. The petitioner had earlier filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in CMP.No.686/2022, which is disposed of on 16.09.2022 with liberty to the petitioner to comply with the requirements of the arbitration clause to pursue an amicable resolution by mutual consultation and to file a fresh petition, if the occasion so warrants.
The learned counsel for the petitioner submits that after the respondent terminated the agreement dated 20.09.2017, the petitioner has raised demands
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for payment of monies due but the amount remains unpaid. The petitioner, in terms of the liberty reserved has caused many requests for a consultation but to no avail, and ultimately, notice dated 01.02.2023 is issued invoking the arbitration clause inviting the respondent's consent for the appointment of a retired District Judge as the sole Arbitrator.
The respondent has not issued any reply though has received such notice, and remains absent in the present proceedings. The submissions for the purposes of appointment of a sole Arbitrator are found validated and hence, the following:
ORDER
[a] The petition is allowed;
[b] Sri. B.Shivalinge Gowda, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent
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and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.
[c] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. B.Shivalinge Gowda, a retired District Judge, Address: No.138, 'Belaku', 2nd main, Judicial Layout, Thalaghattapura, Kanakapura Road, Bengaluru -560 109 [Email-
shivalingegowda.dj@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/-
JUDGE
RB
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