The Kerala High Court dismissed a civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliaton Act, 1996, to appoint an arbitrator, after the petitioner filed a memo stating the dispute was settled out of court.
The petition was dismissed as the dispute was settled out of court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CIVIL MISCELLANEOUS PETITION No. 157/2021
BETWEEN :
COWRKS INDIA PRIVATE LTD., 3RD FLOOR, PRUDENTIAL BUILDING, PRUDENTIAL IT PARK, CENTRAL AVENUE, POWER, MUMBAI - 400 076. ALSO AT: UNIT NO.C2-PO2, PLAZA LEVEL, TOWER-C, THE MILLENIA, MURPHY ROAD, BENGALURU - 560 008. REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. ABHISHEK GOENKA. … PETITIONER (BY SANJANTHI SAJAN POOVAYYA, ADVOCATE)
AND : M/S. MAHINDRA HAPPINEST DEVELOPERS LTD., MAHINDRA TOWERS, 5TH FLOOR, DR. G.M. BHOSALE MARG, WORLI, MUMBAI, MAHARASHTRA - 400 018, REPRESENTED BY MR. ASHVIN IYENGAR. … RESPONDENT
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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR AS ENVISIONED UNDER CLAUSE 15(A) OF THE SERVICE AGREEMENT DATED 01/04/2019 AT ANNEXURE-A AND ADJUDICATE UPON AND DETERMINE AND BRING TO FINALITY THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND RESPONDENT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
Sri. Sanjanthi Sajan Poovayya, learned counsel has filed vakalath after obtaining NOC from the previous counsel. Same is taken on record.
"Counsel for the petitioner most humbly submits that the petitioner and respondent have executed a settlement agreement dated 20.03.2021 and all their inter se disputes have been settled out of Court.
In that view of the matter, it is prayed that the petitioner may be permitted to withdraw the above petition "as settled out of Court" and appropriate orders in that regard may be passed
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by this Hon'ble court, in the interest of justice and equity."
In light of the dismissal of the petition, no further orders are
called for in I.A.1/2021 and the same is dismissed.
Sd/JUDGE
VP
COWRKS INDIA PRIVATE LTD.
M/S. MAHINDRA HAPPINEST DEVELOPERS LTD.
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
