Allowed

Ruptub Solutions Private Limited v. Radhe Shyam Gautam HUF

Karnataka HC19 Feb 2021CMP/224/2020

Case brief

AI extract

What is this about?

This petition was filed to confirm the appointment of Mr. Prateek Chaddha as the Sole Arbitrator in a lease dispute between the petitioner and respondent. The High Court allowed the petition, directing the retired judge Mr. N.A. Zaidi to act as the arbitrator. Orders included sending a copy to the Delhi International Arbitration Centre.

What did the court decide?

To confirm the appointment of Mr. Prateek Chaddha as Sole Arbitrator in the Delhi International Arbitration Centre.

Ruptub Solutions Private Limited Vs Radhe Shyam Gautam HUF — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

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CIVIL MISCELLANEOUS PETITION No.224/2020

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BETWEEN:

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Ruptub Solutions Private Limited A Company incorporated under the Companies Act, 2013 Registered Office at AMR Tech Park-1 First Floor, IT Industry Nagarathpura, Hosur Road Bangalore, Karnataka - 560 068. Represented by its Authorised Signatory Mr.Muralidhara.C.

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... Petitioner

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(By Ms.Maitreyi Bhat., Advocate for Sri Arjun Rao, Advocate)

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AND:

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Radhe Shyam Gautam HUF having its office at 46A Jagannath Puri, near Krishna Janmabhumi Mathura, Uttar Pradesh - 281 004 Represented by its Authorised Signatory Mr.Himanshu Gautam Son of late M.Radhe Shyam Goutam Aged around 39 years Residing at Chavi Lok, Guest House Near Bhuteshwar Petrol Pump

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Bhuteshwar Road, Mathura

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Uttar Pradesh - 281 004.

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...Respondent

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(By: Sri Vardhaman Kaushik, Advocate for Sri Bharat Kumar V., Advocate)

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This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying to confirm the appointment of Mr.Prateek Chaddha, the nominee of the petitioner as per notice dated 28.06.2020 as the Sole Arbitrator to adjudicate the disputes between the parties in terms of clause 20 of the Lease Deed dated 07.07.2018 (Annexure-A) 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 petitioner claims to be a lessee under the lease deed dated 07.07.2018 executed between the petitioner and the respondent, a copy of which is produced at Annexure-A. The lease deed contains a clause for dispute resolution and in specific, Clause-20 of the lease deed provides for arbitration and that the seat of arbitration would be at Delhi.

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The petitioner submits that there were

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differences in the relationship of lessor and lessee in terms of the lease agreement at Annexure-A and accordingly, a

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notice came to be issued to the respondent as per the legal notice at Annexure-E dated 28.06.2020.

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It is further submitted that as regards the

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issuance of notice at Annexure-E, the respondent has replied to the same as per the reply at Annexure-G dated 06.07.2020.

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It is submitted that due to absence of

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concurrence in appointment of Arbitrator, the present petition has been filed.

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Upon notice, Sri Bharath Kumar.V, learned counsel appears on behalf of the respondent and submits that they have no objection for allowing the petition and appoint the Arbitrator to conduct the proceedings at Delhi.

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Taking note of Clause 20 of the lease agreement at Annexure-A, which provides for dispute resolution and legal notice at Annexure-E and the reply at Annexure-G clearly, a case is made out for allowing the petition.

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Accordingly, this petition is allowed.

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Mr.N.A.Zaidi, Retired District and Sessions Judge/Member ITAT, New Delhi to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Delhi International Arbitration Centre 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 Delhi International Arbitration Centre, Delhi High Court Campus, Shershah Road, New Delhi - 110 503, for proceeding further in the matter.

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

same.

Sd/JUDGE

VGR

ct:mhp

Ruptub Solutions Private Limited v. Radhe Shyam Gautam HUF

Case brief

What is this about?

What did the court decide?

Ruptub Solutions Private Limited v. Radhe Shyam Gautam HUF

Case brief

What is this about?

What did the court decide?

What the court decided

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