Ls Bar Techniques Pvt Ltd., v. M/S Essence Hospitality

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN ARBITRATION APPLICATION No.25 OF 2018 ORDER:

Notice issued to respondent has been returned as 'unclaimed.' It is shown that the notice was taken to the last known address of the respondent. Hence, notice to the respondent deemed to have been duly served.

2. This is an application for appointment of an Arbitrator seeking requisite measure under Sub-Sections (5) and (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'Act').

3. Heard the learned counsel for the applicant and perused the material on record.

4. The pleadings disclose existence of arbitration clause. Thus, there is an arbitration agreement in terms of the Act. There are disputes between the parties which have to be resolved through arbitration. Hence, there is necessity to appoint an arbitrator.

5. In the result, the Arbitration Application is ordered appointing Sri Virupaksha Dattatreya Gowda, Retired District Judge, Flat No.903A, Manjira Heights, Chitra Layout, L.B. Nagar, Hdyerabad, Ranga Reddy District, as Arbitrator to arbitrate on the disputes between the applicant and the respondent and the said Arbitrator shall enter on reference and proceed with, as enjoined by the Act.

As a sequel thereto, Miscellaneous Applications, if any, pending in the Arbitration Application stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ November 30, 2018.

PV