M/S M-10 UNIFORMS vs M/S ZEVEN SPORTS PRIVATE LIMITED

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2025 Supreme(Online)(Kar) 24921

KARNATAKA HIGH COURT
E.S.INDIRESH, J
M/S M-10 UNIFORMS – Appellant
Versus
M/S ZEVEN SPORTS PRIVATE LIMITED – Respondent
CIVIL MISC. PETITION NO. 224 OF 2024

Important Points

The court has authority under Section 11(5) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to resolve disputes as per the Distributor's Agreement.

Subject

Civil Law - Arbitration

Act Referred

Arbitration and Conciliation Act: S.11

Headnote

This Civil Misc. Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying for the appointment of an Arbitrator based on the Distributor's Agreement dated 09.07.2018. The court finds that a case has been made out for the appointment of an Arbitrator for resolving disputes between the parties. The respondent was served and absent, thus notice was held sufficient. The court appoints Sri S R Somashekhar, Retired District Judge, as the Sole Arbitrator for the arbitration proceeding. All claims are preserved for the Arbitral Tribunal. The petition is disposed of accordingly.

Advocates:
For the Appellants/Petitioners: SRI. PRASHANT KUMAR
For the Respondents:

Table of Content
1. court confirms service of notice on respondent. (Para 2 , 3)
2. court appoints an arbitrator based on distributor agreement. (Para 4 , 5)

This Civil Misc. Petition is filed under Sec.11(5) of the Arbitration and Conciliation Act 1996, R/W Clause 2 of the appointment of arbitrators by the Chief justice of Karnataka High Court Scheme 1996 praying to a retired Judge of District Court as Sole Arbitrator to adjudicate the disputes arising out of the Distributors Agreement dated 09.07.2018 Clause XIX vide Annexure - A between the parties herein, in the interest of justice and equity.

This petition, coming on for admission, this day, order was made therein as under:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

The respondent is served, and remained absent. Hence, notice to respondent is held sufficient.

2. This petition is filed under Section 11 (5) of the Arbitration and Conciliation Act , 1996 seeking appointment of an Arbitrator based on Clause-XIX of the Distributor's Agreement dated 09.07.2018 (Annexure-A to the petition).

3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has taken notice in respect of the directors of the respondent - Company.

4. Having heard the learned counsel for the petitioner, and on perusal of Clause-XIX of the Distributor's Agreement dated 09.07.2018 (Annexure-A), I am of the view that, the petitioner has made out a case for appointment of Arbitrator for resolution of the dispute between the parties.

5. Taking into consideration Clause-XIX of Annexure-A to the petition, I am of the view that Sri S R Somashekhar, Retired District Judge be appointed as the Arbitrator for resolution of the dispute between the parties. The Sole Arbitrator is appointed to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru.

Accordingly, Civil Miscellaneous Petition is disposed of.