Allowed

Shri. Rajayogi Enterprises v. the Mysore Minerals Limited

Karnataka HC9 Oct 2019CMP/100015/2018

Case brief

AI extract

What is this about?

Petitioner sought appointment of a retired High Court Judge as arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. Court referred matter to Arbitration and Conciliation Centre, Bengaluru to appoint a retired District Judge as ADMINISTRATOR.

What did the court decide?

Matter referred to Arbitration and Conciliation Centre, Bengaluru to appoint Shri Kukkaje Ramakrishna Bhat (retired District Judge) as Administrator.

Shri. Rajayogi Enterprises Vs the Mysore Minerals Limited — Arbitration | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF OCTOBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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CMP NO.100015 OF 2018

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BETWEEN

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SHRI. RAJAYOGI ENTERPRISES REP. BY ITS PROPRIETOR SRI.BASAVARAJ S. PADATAPPANAVAR, AGED ABOUT: 38 YEARS, S/O SRI.SHARANAPPA, NEERALAKERI VILLAGE, BAGALKOTE TALUK, BAGALKOTE DISTRICT-587111.

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... PETITIONER

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(BY SRI.G K HIREGOUDAR & SRI.C.S.SHETTAR, ADVS.)

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AND

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THE MYSORE MINERALS LIMITED REP. BY ITS MANAGING DIRECTOR, TTMC BUILDING, "A" BLOCK, 5TH FLOOR, BMTC SHANTINAGAR, BENGALURU-560027.

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THE GENERAL MANAGER (P) MYSORE MINERALS LIMITED, TTMC BUILDING, "A" BLOCK, 5TH FLOOR, BMTC SHANTINAGAR, BENGALURU-560027.

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... RESPONDENTS

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(BY SRI. SUNIL S DESAI, ADV. FOR R1 & R2)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) 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 APPOINT A RETIRED JUDGE OF THE HON’BLE HIGH COURT OF KARNATAKA AND BOMBAY HIGH COURT AS ARBITRATOR ON BEHALF OF THE RESPONDENTS FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AND GRANT SUCH OTHER RELIEFS AS MAY BE GRANTED UNDER THE CIRCUMSTANCES.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner has filed this Civil Miscellaneous Petition and sought for the following relief.

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For appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996, praying to appoint a retired judge of the Hon’ble High Court of Karnataka and Bombay High Court as Arbitrators on behalf of the respondents for adjudication of

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disputes that have arisen between the petitioner and the respondents.

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The case of the petitioner is that the petitioner entered into an agreement pursuant to the Tender Notification dated 14.03.2014 for installation of crushers with vibratory screen on hire basis.

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As per Clause 13 of the agreement dated 14.08.2014, there is an Arbitration Clause, which reads as under:-

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ARBITRATION: Any dispute or difference or claim arising out of or in connection with , or relating to the present contract or the breach, termination or invalidity thereof, shall be referred and settled under the Arbitration CenterKarnataka (Domestic and International) Rules 2012, by one more arbitrators appointed in accordance with its rules.

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Since, there is a dispute between the parties, petitioner has issued a notice vide Annexure-G for appointment of Arbitrator. Since the petitioner has not received any reply from the respondents, he has filed this petition under Section 11(6) of the Arbitration and

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Conciliation Act, 1996 read with Clause 2 of the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996. There is no dispute regarding the agreement entered between the parties and there is an Arbitration Clause No.13 under agreement.

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In view of the above, Civil Miscellaneous Petition is disposed off. The matter is referred to Arbitration and Conciliation Centre, Bengaluru for appointment of an Arbitrator and to decide the dispute between the parties.

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At this stage, the counsel appearing for both the parties submit that instead of appointing retired High Court Judge as Arbitrator, retired District Judge can be appointed as an Arbitrator. Accordingly, the matter is referred to Arbitration and Conciliation Centre, Bengaluru.

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The present case is accordingly disposed off in the same terms by appointing Shri Kukkaje Ramakrishna Bhat, retired District Judge of the Karnataka judiciary to enter into the said reference of Arbitration and act as an Administrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.

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A copy of this order along with records be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru for proceeding further in the matter.

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Sd/JUDGE

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Hmb

Shri. Rajayogi Enterprises v. the Mysore Minerals Limited

Case brief

What is this about?

What did the court decide?

Shri. Rajayogi Enterprises v. the Mysore Minerals Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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