Allowed

Snowman Logistics Limited v. Saffron Global

Karnataka HC24 Sept 2021CMP/223/2020

Case brief

AI extract

What is this about?

This petition invoked the High Court's jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointing a sole arbitrator. The court examined the arbitration clause in the agreement and, finding the respondent unrepresented, appointed an arbitrator as prayed.

What did the court decide?

Appointment of Sri. Vishwanath V. Angadi as the sole arbitrator with directions to conduct proceedings at the Arbitration and Conciliation Centre, Bengaluru.

Snowman Logistics Limited Vs Saffron Global — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE M.NAGAPRASANNA CIVIL MISCELLANEOUS PETITION No.223/2020

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BETWEEN:

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SNOWMAN LOGISTICS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT PLOT NO.M-8, TALOJA INDUSTRIAL AREA, MIDC, RAIGAD, NAVI MUMBAI, MAHARASHTRA 410206. REPRESENTED BY ITS AUTHORIZED SIGNATORY/CHIEF FINANCIAL OFFICER, MR. A. M. SUNDAR.

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...PETITIONER

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(BY SRI. PRASHANT POPAT, ADVOCATE) AND :

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SAFFRON GLOBAL A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT 1932, HAVING ITS OFFICE AT NO.6, SUBHASH BHAVAN, GROUND FLOOR, L.T. NAGAR, ROAD NO.1, OFF MG ROAD, GOREGAON WEST, MUMBAI - 400062.

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...RESPONDENT

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(RESPONDNET - SERVED)

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THIS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO: a) APPOINT A SOLE ARBITRATOR AS PER CLAUSE 7 OF AGREEMENT DATED 29.03.2019, ANNEXURE - B BY REFERRING THE DISPUTES BETWEEN THE PETITIONR AND THE RESPONDENT TO THE ARBITRATION CENTRE - KARNATAKA (DOMESTIC AND INTERNATIONAL), AT KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU. b) GRANT SUCH OTHER RELIEF AS IT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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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 is before this Court invoking its jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Act' for short).

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The petitioner and the respondent have entered into a Transportation Service Agreement on 29.03.2019 and the petitioner having generated certain dispute with regard to certain claims, issued a notice on 26.05.2020 to the respondent seeking payment of Rs.42,81,007/- to be paid.

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This notice was replied to by the

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respondent on 15.06.2020 clarifying that it was not

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Rs.42,81,007/- as it claimed and raised a counter claim of Rs.9,21,188.20/-. To this again, the petitioner replied and also contended that the matter is to be arbitrated in terms of Arbitration clause of

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the agreement as the dispute still loomed large.

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The agreement contemplates resolution of a dispute by way of Arbitration in terms of Clause 7 of the Agreement, which reads as follows:

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" 7. DISPUTE RESOLUTION AND JURISDICTION:

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If any dispute or difference arising out of or in connection with this Agreement, the parties shall make good faith efforts to resolve such disputes or differences amicably. If the disputes or differences are not resolved, the same shall be settled through arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996 and any statutory modification or reenactment thereof by Snowman. The arbitration award shall be final and binding as between the parties hereto. The venue of arbitration shall be as per Bangalore Jurisdiction."

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This notice is served upon the

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respondent. The acknowledgment of such service is appended to the petition and the postal shara

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indicates that it has been delivered to the respondent.

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6. Respondent has remained unrepresented

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despite being served in these proceedings. Therefore, in the light of the aforesaid facts and the clause of Arbitration existing between the parties, which contemplates resolution of dispute by way of Arbitration, I deem it appropriate to pass the following:

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ORDER

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[a] The petition is allowed, appointing Sri. Vishwanath V. Angadi, No.1240, 14^th Main Road, Judicial Layout, Jakkur, Bengaluru - 560 065. Mob: 9480617999. Email ID. [email protected], as the sole arbitrator to enter reference of the disputes between the parties and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre.

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[b] All contentions inter se parties are left open for adjudication in the arbitration proceedings.

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[c] The Office is directed to communicate this order to the Arbitration and Conciliation Centre and Sri. Vishwanath V. Angadi, No.1240, 14^th Main Road, Judicial Layout, Jakkur, Bengaluru - 560 065. Mob: 9480617999. Email ID. [email protected], as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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Sd/JUDGE

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VBS

Snowman Logistics Limited v. Saffron Global

Case brief

What is this about?

What did the court decide?

Snowman Logistics Limited v. Saffron Global

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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