Allowed

Abis Exports India Pvt. Ltd., v. Mr. Perneti Dinesh Kumar

Chhattisgarh HC12 Nov 2024ARBR/35/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh appointed Mr. Bidya Nand Mishra as the sole arbitrator in an application under Section 11(6) of the Arbitration and Conciliation Act, 1996. The application, allowed after an appellate direction from the Supreme Court and served on the non-appearing respondent, resolves a dispute arising from a dealership agreement.

What did the court decide?

Appointment of Mr. Bidya Nand Mishra, Advocate as Sole Arbitrator to resolve the dispute between the parties.

Abis Exports India Pvt. Ltd., Vs Mr. Perneti Dinesh Kumar — Arbitration | Chhattisgarh HC (2024)

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2024:CGHC:3951

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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ARBR No. 35 of 2023

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1 - Abis Exports India Pvt. Ltd., A Company Incorporated Under The Provisions Of Companies Act, 1956 Through It Authorised Signatory Mr. Md. Asif Qureshi Having Its Registered Office At Ib Group Corporate House, Village Indamara, Post Pendri, Dist. Rajnandgaon491441 (Chhattisgarh)

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... Applicant

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versus

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1 - Mr. Perneti Dinesh Kumar S/o Mr. Perneti Gopal Reddy Proprietor Of M/s Lakshmi Ganapathi Enterprises, Add- (1) 1/429/a2, Malaviya Nagar, Gudur, Dist- Nellore, A.P- Pin- 524101, (2) Vill- Doruvukatta, P.O. Siddavaram, Dist.- Nellore, A.P.- Pin- 524411.

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---- Respondent

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KISHORE KUMAR DESHMUKH

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Digitally signed by KISHORE KUMAR DESHMUKH Date: 2024.11.27 11:41:52 +0530

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For Applicant : Shri Hasnain Alvi, Advocate For Respondent : None.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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13.11.2024

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This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator.

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Mr. Hasnain Alvi, learned counsel for the applicant submits that the applicant has been constrained to file the present application

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Page 2 of 4

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on account of the failure of the respondent to nominate and/or approve to concur with the request of the applicant for the appointment of a Sole Arbitrator; in terms of Clause "Q" of the Dealership Agreement dated 11.07.2019, for adjudicating upon the disputes between the applicant and the respondent, within the statutory period of thirty (30) days.

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The facts, in brief, as projected by the applicant are that the applicant is a Company incorporated and registered under provisions of Companies Act,1956 and is engaged in the business of manufacturing, selling and distribution of Shrimp Feed (Goods) and has built a brand for itself throughout India. The respondent is carrying its business of buying, selling,trading of Aqua Feed inter alia Shrimp Feed in the name and style of "M/s Lakshmi Ganpathi Enterprises" in the Gudur, Nellore region of Andhra Pradesh. The respondent requested the applicant to be appointed as Dealer for buying and selling Shrimp Feed manufactured by the Applicant in the Gudur, Nellore region of Andhra Pradesh and upon request of the Respondent, a Dealership Agreement ("Agreement") was executed between the Parties on 11.07.2019.

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Mr. Alvi further submits that clause "Q" of the Dealership Agreement provided that "Any litigation/action brought with respect to this Agreement, shall be governed by laws of India. All disputes, differences and/or claims, if any arising out of this Agreement whether during its subsistence or

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Page 3 of 4

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thereafter shall be settled by Arbitration in accordance with provisions of the Arbitration and Conciliation Act, 1996 or any other statutory amendments thereof. The name of the arbitrator shall be in accordance with Section 11 of the Arbitration and Conciliation Act, 1996. The arbitral award shall be final and binding on Parties to this Agreement. The language of the Arbitration shall be English.

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The Coordinate Bench of this Court rejected this application on 06.02.2024. The applicant preferred SLP before the Hon’ble Supreme Court registered as Civil Appeal No. 8784 of 2024. Hon’ble Supreme Court vide order dated 12.08.2024 allowed the appeal and directed that the High Court will proceed to appoint an Arbitrator. Pursuant to the order passed by the Hon’ble Supreme Court this Court issued notice to the respondent by registered as well as speed post and the same were served. The applicant also made an attempt to serve notice by Hamdust mode which has been refused by the respondent as reflected from the affidavit dated 30.10.2024. Therefore, the present Application is heard ex-parte against the respondent.

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Learned counsel for the applicant would submit that he is proposing name of Mr. Bidya Nand Mishra, Advocate High Court of Chhattisgarh, Bilaspur as the Sole Arbitrator. As per the agreement matter has to be referred to the Arbitrator as

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Page 4 of 4

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agreed between the parties but since the respondent is not appearing, therefore, he would pray for appoint of Mr. Bidya Nand Mishra, Advocate as Sole Arbitratator.

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Considering the submission, Mr. Bidya Nand Mishra, Advocate is appointed as Sole Arbitrator to resolve the dispute between the parties as per 4^th Schedule of the Arbitration and Conciliation Act, 1996.

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With the aforesaid observation and direction, the Arbitration Application is allowed. The applicant is directed to provide complete set of photocopies of the petition and other relevant documents to the Registry for forwarding the same to the Arbitrator.

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Sd-

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(Narendra Kumar Vyas)

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Judge

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Deshmukh

Abis Exports India Pvt. Ltd., v. Mr. Perneti Dinesh Kumar

Case brief

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What did the court decide?

Abis Exports India Pvt. Ltd., v. Mr. Perneti Dinesh Kumar

Case brief

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