Allowed

Sri B Shashikumar v. M/S Vsan Infrastructure Pvt. Ltd.

Karnataka HC6 Feb 2021CMP/138/2020

Case brief

AI extract

What is this about?

In this Civil Miscellaneous Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the High Court of Karnataka appointed a retired District Judge as the sole arbitrator to resolve a commercial dispute arising from a Sale Agreement between the petitioner and respondent, due to the respondent's refusal to participate in the appointment process.

What did the court decide?

Appointment of Sri. D.Krishnappa, Retired District Judge, as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru.

Sri B Shashikumar Vs M/S Vsan Infrastructure Pvt. Ltd. — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CIVIL MISCELLANEOUS PETITION No.138/2020

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BETWEEN:

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Sri B. Shashikumar, S/o G. Bhadrappa, Aged about 43 years.

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Smt. B. Shylaja, W/o Rajanna, Aged about 35 years.

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Both are residing at: No.44-45/2, 2nd Cross, Rajaram Mohan Roy Extension, (Off: Lalbagh Double Road) Bangalore - 560 027. ... Petitioners

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(By Sri. Gopala, Advocate)

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And:

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M/s. VSan Infrastructure Pvt. Ltd., Represented by Sri Bijju P., (Executive Director), No.11 & 12, P S Plaza, Jawaharlal Street Road, Sheshadripuram, Bangalore - 560 020.

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M/s. VSan Infrastructure Pvt. Ltd., Represented by Managing Director, Sri M D Sri Vishwa Cariayappa B.S., No.11 & 12, P S Plaza,

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Jawaharlal Street Road, Sheshadripuram, Bangalore - 560 020. ... Respondents

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(R1 and R2 - Served)

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This Civil Miscellaneous Petition is filed under Section 11(5) of Arbitration and Conciliation Act, 1996, praying to (i) Appoint an Arbitrator (ii) And refer the matter which is in dispute between the petitioner and respondent No.1 vide Annexure-A, MOU dated 23/08/2013 and Annexure-B, Sale Agreement dated 19/07/2016 for adjudication leaving all contentions open and etc.

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This Civil Miscellaneous Petition coming on for admission, this day, the Court made the following:

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ORDER

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The petitioners state that they have entered into a Memorandum of Agreement with the respondents on 23.08.2013 for the purpose of buying a site in terms of representations of the respondents. A copy of the Memorandum of Understanding is enclosed at Annexure-A and a copy of the Sale Agreement is enclosed at Annexure-B to the petition.

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It is further submitted that in light of refusal of

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the respondents to honour the terms contained in the Sale Agreement, the petitioners have sought for invocation of Arbitration Clause to resolve the dispute by way of

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arbitration. The Sale Agreement at Annexure-B contains the Arbitration Clause, which reads as follows:

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" .....In the event of the any dispute arising between the parties, the parties shall be entitled go for arbitration at Bangalore. The Parties agree that three arbitrator/s agreeable to all the parties shall be appointed for resolving the dispute between them, or as per the law of Arbitration. Further it is agreed that the arbitrator's decision shall be binding on all the Party."

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It is further submitted that there was exchange of legal notice detailing the dispute amongst the parties and finally as there was no resolution of dispute, notice for nomination/appointment of arbitrator got issued at Annexure-J which has been received by the respondents as per the acknowledgement produced at Annexure-K.

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The petitioners submit that in the absence of concurrence as regards the appointment of Arbitrator, the present petition has been filed.

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Despite notice, the respondents though served have remained absent and have not contested the matter.

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Taking note of the Arbitration Clause in the Sale Agreement at Annexure-B and taking note of the exchange of legal notice between the petitioners and respondents detailing the dispute and also noticing the notice for nomination/appointment of arbitrator at Annexure-J and the acknowledgement for having served such notice, clearly a case is made out for appointment of Arbitrator to resolve the dispute as made out by way of arbitration.

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Accordingly, this petition is allowed by appointing Sri. D.Krishnappa, Retired District Judge, No.1028, 9^th 'B' Main Road, Judicial Layout, GKVK Post, Bengaluru - 560065 to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

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(i) All claims and contentions are left/kept open

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to be decided by the Arbitral Tribunal.

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(ii) 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.

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(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.

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Sd/JUDGE

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VGR ct:mhp

Sri B Shashikumar v. M/S Vsan Infrastructure Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sri B Shashikumar v. M/S Vsan Infrastructure Pvt. Ltd.

Case brief

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What did the court decide?

What the court decided

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