C G GURUCHARAN Vs. R K ESTATES

JUDGEMENT

(1.) The application-IA No.1/2017 are filed along with affidavits in all these three petitions praying this Court to refer/appoint the substitute Arbitrator to the Arbitration Centre, Karnataka at Bengaluru to adjudicate the subject matter of the dispute between the petitioners and the respondents with regard to the Partnership deeds dated 13.08.2012, 22.04.2012 and 08.03.2012 respectively, on the ground that the proceedings before the Former Judge of this Court, Honourable Justice G. Patri Basavana Goud, who was appointed as an Arbitrator as per the orders of this Court dated 17.03.2017 and 11.11.2016 respectively in these cases, for the bonafide reasons, could not move forward to reach for adjudication. Therefore, the petitioners have filed the applications seeking for resumption of Arbitration Proceedings in exercise of powers under Sec. 15(2) of the Arbitration and Conciliation Act,1996 ( hereinafter referred to as the 'Act').

(2.) The Partnership Deeds dated 13.08.2012, 08.03.2012 and 22.04.2012 entered into between the parties are not in dispute and it is also not in dispute that the petitioners have complied with the provisions of Sec. 11(5) of the Act by issuing notices on different dates.

(3.) It is noticed from the records that, after the orders passed by this court on 07.03.2017 and 11.11.2016 in these petitions appointing Honourable Justice Sri. G. Patribasavana Goud, the Former Judge of this Court as an Arbitrator, His Lordship proceeded with the matter and ultimately, by a letter dated 06.08.2018 found CMP No.290/2015 the sole Arbitrator The Former Judge of this Court Honourable Justice G.Patri Basavana Goud intimated the petitioners in these petitions stating that, "After the first sitting of the Arbitral Tribunal was held on 14.12.2016, no further sittings could be held for reasons attributable to the parties. The result is that the mandate of the undersigned as Sole Arbitrator has stood terminated in terms of Sec. 29A(4) of the Act and His Lordship further stated that, in the circumstances, steps may be taken to have another Arbitrator appointed".