C M P NO.70(2008
I
IN THE HIGH COURT OF }{ARNA'I'AI{A AT BANGALORE
DATED THIS THE 20TH DAY OF OCTOBER 2009
BEFORE' _ I _
THE HON'}3LE MRJUSTICE AJIT J GUNLII§:V.;." fli"'--C: '
CIVIL MISCELLANEOUS PE'I'IT_iQN_I§IO.'iOI/2;:6{j8I"I:
BETWEEN
1V£/S BHURUKA GASES LTD
A COMPANY INCORPORATED UNDER 'I'£~iE'
COMPANIES ACT 1956 HAVING ITS
REGD. OFFICE AT WHITE FIELD ROAD _
MAHADEVAPURA, BANGAIDREASGO 04$" - '
REP. BYIS DIRECTOR _
IV{R.R.C.PUROPII'I' " *AI._._I_19E'rVITIONER
{SRI.VIVEKHOLLA,ADv.} I. I I
AND H
NI/S I>RAXI.AR1NDIAI%v*IjLTD _ --
A COMPANYAINCORPORATED ._UNDER THE
COMPANIES ACTISSS, ' ._
HAVING ITS REGD. OFFICEAT RRAXIAR HOUSE
NOS, ULSOOR ROAD, SA.*\IOAICRE_560 042
REP. BY IRS lV£ANAG£NG'DIRECTOR RESPONDENT
I[*3RI.1\/I"£.Ji:?'AI;Iw.& CO, ADV'S;}"'' ''
; * '§.\/IISC.PE'I'I'I'IOI\¥ IS FILED U/S.l1[5) OF THE
ARI3I'ITRAT1ON"I.ANDII'-CONCILIATION ACT, 1996, PRAYING TO NOMINATE
AN 'ARBITRA"l"O'R ON BEHALF OF THE RESPONDENT IN TERMS OF
CLAUSE 19.2 OFf1'I""£E3 SAID AGREEEMENT AND AWARD COSTS OF' 'I"i"EIS
.PE'I'ITEON THE PETITIONER IN THE INTEREST OF JUSTICE.
: CIVIL MISCELLANEOUS PETI'I'ION COMING ON FOR
I ADMISSION, THIS DAY. THE COURT, MADE THE FOLLOWING:
C M P NO.70 2008
2
ORDER
The petitioner has flied this petition under Sectiongvl 1 of
the Arbitration and Conciliation Act, 1996. The petitioun-er’~Vis
engaged in the business of manufacturing and .
industrial gases. The petitioner and .;the_’respond€,fm: .,..
into an Liquid Product Sales Agreement
of which the petitioner was requfired tofsulpply
meters of liquid oxygen and epbicrneterslvfof liquid
nitrogen every month to at the rate of
Rs.8.10 ps. Per cubic Vofffgen and liquid
nitrogen. The ‘§}¢asipV.fffor sixty months
the said agreement, the
respondent’ agreed that it would take
atieast _5,,67,oo’o pubis meters of liquid oxygen and 2,43,ooo
Vcubicarieiiers liquid””nVitrogen in any calendar month. On
respondent informed the petitioner about its
‘ inahility totiift: balance quantity of liquid oxygen and liquid
dff”‘-..«.4_’i1i.trogen” the month of September 2006 due to loss of
eiistoriiers and requested the petitioner to waive the minimum
Mtakei or pay quantity for the month of September 2006. Suffice
fix
C M P N070 2008
3
it to say that a dispute has arisen between the petitioner and
the respondent regarding the terms of agreement in as mupeiac as
the supply and iifting of the requisite oxygen and Ffiae
petitioner pursuant to clause 19.2 of the agreernent ‘issued _& is
notice seeking to refer the dispute
the parties to arbitration_ I »
S.Shivashankar Bhat, former J this Court the V
dispute between the parties,’I’11e»re’spondent hasinotrepiied to
the notice. Hence, this petition)’ is is V d
2. When.. *.h:e’:~.matter up learned counsel
appeaI1ngv’–for.A’thie’ the name of Justice
P.VisWanatha Siiettjfl -~ .f¢m§’e;_:Ji1dge of this Court be appointed
as an Arbitrator; learned counsel appearing for
the petitioner has no objection for Justice P.Viswanatha Shetty
an Arbitrator to resolve the dispute between
t}’ie~pa–rties’. following order is passed.
.. V”’V.pV(a)4fPetition is allowed.
(33) Justice P.Viswanatha Shetty former
iddudge of this Court is appointed as an Arbitrator
«ft
X”
JL
C M P N0.7O 2008
4
to resolve the dispute. The Arbitrator shall enter
reference and cause notice to the parties. The
Registry is directed to communicate this orcierto”: ~
the Arbitrator. ‘ it 2
Petition stands disposed of aCcojr’ding1y.«_