Disposed

Nestaway Technologies Private Limited v. Harish P C

Karnataka HC6 Apr 2021CMP/160/2019

Case brief

AI extract

What is this about?

This court disposed of the Civil Miscellaneous Petition filed under the Arbitration and Conciliation Act, 1996, recording that the parties had amicably settled their dispute via a Memorandum of Settlement recorded under Section 89 of the CPC and Mediation Rules.

What did the court decide?

The petition was disposed off recording that the parties have amicably settled the dispute.

Nestaway Technologies Private Limited Vs Harish P C — Arbitration | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 6^TH DAY OF APRIL 2021

¶4

BEFORE

¶5

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CIVIL MISCELLANEOUS PETITION No.160/2019

¶6

Between:

¶7

Nestaway Technologies Private Limited A Company incorporated under the Companies Act, having its Registered Office at #1546 & 1547 Beside Biryani Zone 19th Main Road, Sector 1 HSR Layout, Bengaluru Karnataka 560 102. Represented by its Authorized Signatory Mr.Ramswaroop Pareek.

¶8

... Petitioner

¶9

(By: Ms.Charitha.V, Advocate)

¶10

And:

¶11

Harish P.C., S/o CP Chandra Shekar Reddy Aged about 32 years #3/1, Subbaiahreddy Road Ulsoor, Bangalore 560 008.

¶12

Also at Studio No.26, No.15, C.C.Complex Nagavarapalya Main Road Bangalore 560093. ...Respondent

¶13

(By: Mr.V.Prabhakar, Advocate)

¶14

¶15

This Civil Miscellaneous Petition is filed under Sections 11(4) and 11(5) of the Arbitration and Conciliation Act, 1996 praying to (a) appoint a sole arbitrator and allow the said arbitrator to enter upon the reference and adjudicate upon all the pending disputes and differences between the parties arising out of the service agreement dated 19.09.2016 under clause 17.4 herewith attached as per Annexure-B and (b) award costs of the petition and etc.

¶16

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

¶17

ORDER

¶18

Learned counsel for the petitioner submits that the

¶19

matter has been settled in terms of Memorandum of Settlement that has been recorded under Section 89 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

¶20

2. The Memorandum of Settlement entered into

¶21

between the parties records the settlement in the following terms:-

¶22

II. On behalf of the petitioner the authorized signatory Ms.Deepmala Basu and the respective counsel and the respondent and his counsel participated in the mediation proceedings. The parties to the dispute have resolved the dispute in issue between the two amicably.

¶23

¶24

1. The parties to the petition have agreed to

¶25

the following terms and conditions:

¶26

i. The parties to the petition herein agree that all allegations leveled against each other are withdrawn unequivocally.

¶27

ii. The petitioner and the respondent agree that they have entered into separate settlement agreements between the two of them that are made part of the Mediation settlement agreement as Document No.1 and Document No.2 respectively in C.M.P.No.158/2019.

¶28

iii. The petitioner and the respondent hereby agree that they have addressed the points of dispute in issue between them, and have arrived at informed settlements as per document No.1 and 2 annexed to the memorandum of mediation settlement in C.M.P.158/2019.

¶29

iv. The petitioner and the respondent herein agree that in view of the settlement arrived at as stated above they do not have any claim against each other in any form.

¶30

¶31

v. Wherefore the petitioner and the respondent pray the Hon’ble Court be pleased to dispose of the above petition in the interest of justice."

¶32

In terms of the Memorandum of Settlement as

¶33

aforestated and taking note of the submission of learned

¶34

counsel for the petitioner as the question of further adjudication does not arise, the petition is disposed off recording that the parties have amicably settled the dispute

¶35

as noticed above.

¶36

Sd/JUDGE

¶37

NS

Nestaway Technologies Private Limited v. Harish P C

Case brief

What is this about?

What did the court decide?

Nestaway Technologies Private Limited v. Harish P C

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

Coram

Case details

Similar cases

Mphasis Limited Vs Iti Limited

M/S Vijaya Energy Plus Private Ltd. Vs M/S Mangalore Internet City Pvt. Ltd.

Anusha G R Vs M H Shashidhar

M/S Smile Electronics Ltd., Vs State of Karnataka

Smt Suchitra D S Vs Sri Madhusudhan B S

Mrs Pooja Agarwal Vs the Income Tax Officer