This petition filed under Section 11(5) of the

Arbitration and Conciliation Act, 1996 seeks appointment of

an arbitrator. Despite service of notice, the respondent-

Trust has remained unrepresented. However, that will not

deter this Court in deciding the matter in accordance with

law.

2.

Having heard the learned counsel for the

petitioner and on perusal of the petition papers, this Court

is of the view that there being a prima facie arbitrable

dispute and therefore, Sole Arbitrator needs to be

appointed as sought for, there being no impediment legal or

3

factual for doing the same and therefore, this Court is

inclined to appoint an Arbitrator for the following reasons:

(a)

the Arbitration Clause is at para 10 of the

Agreement dated 05.03.2018, a copy whereof is at

Annexure-A which reads as under:

<In case of any dispute or difference shall

arise between the Company and the

Customer on any matter within the scope

of

the

agreement,

such

dispute

or

differences shall be referred to a sole

arbitrator to be appointed by the Company

at the time of the reference of the disputes

to arbitration. Award of the Arbitrator shall

be final and binding on both parties. The

procedure laid down in Indian Arbitration

Act of 1996 and the rules made there

under from time to time shall apply in the

matter of the reference. Only courts at

Bangalore

shall

have

jurisdiction

to

entertain a claim or for enforcement of the

award.=

(b) Petitioner had sent the Statutory Notices dated

03.12.2020 & 16.11.2020 to the respondent-Trust, copies

whereof are at Annexures-C & D respectively. Asking the

respondent-Trust to concur with the appointment of Sri.

Kishen Dutt Kalaskar, a retired Judge as Sole Arbitrator the

Postal

Receipt

is

at

Annexure-D1

and

postal

acknowledgment copy is at Annexure-D2.

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3.

In the fitness of things, this Court is of a

considered opinion that the Arbitrator named by the

petitioner need not be appointed (no aspersion caused on

the said petitioner) but a Judge from the Panel of

Arbitrators prepared by the Arbitration & Conciliation

Centre, Bangalore be appointed to make things more fair &

reasonable.

4. In the above circumstances, this petition is

allowed

by

appointing

Hon9ble

Justice

Shri.

S.R.Somashekhara, a District Judge to enter into the said

reference of Arbitration and to act as the Sole Arbitrator in

the Arbitration and Conciliation Centre (Domestic &

International), Bengaluru, as per the extant Rules.

(i)

A copy of this order be sent forthwith to the

Arbitration and Conciliation Centre (Domestic &

International), Khanija Bhavan, Bengaluru, for

proceeding further in the matter.

(ii)

Registry is directed to return the original

documents if any, produced by the parties after

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obtaining photostat copies of the same for the

file.

All contentions are kept open.

No costs.

Sd/-

JUDGE

DS