Allowed

M/S. I.C.India Pvt. Ltd. v. the General Manager (Dsm)

Karnataka HC1 Mar 2021CMP/249/2020

Case brief

AI extract

What is this about?

This court allowed the Civil Miscellaneous Petition seeking appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The dispute arose from a contract regarding solar power plant installation. The court appointed a retired High Court Judge as the sole arbitrator.

What did the court decide?

Appointment of Hon'ble Sri. Justice Ajit J. Gunjal, Former Judge, High Court of Karnataka, as the Sole Arbitrator.

M/S. I.C.India Pvt. Ltd. Vs the General Manager (Dsm) — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2021 BEFORE

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

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CIVIL MISCELLANEOUS PETITION No.249/2020

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BETWEEN : M/S. I.C.INDIA PVT. LTD., 565, 30^TH MAIN ROAD, NEAR DEVEGOWDA PETROL BUNK, BSK III STAGE, BENGALURU - 560 085. REPRESENTED BY ITS H.A. KANTHARAJAPPA, PROJECT HEAD. ... PETITIONER (BY SRI ZULFIKIR KUMAR SHAFI, ADVOCATE) AND : THE GENERAL MANAGER (DSM), CORPORATE OFFICE BESCOM, K R CIRCLE, BENGALURU - 560 001. ... RESPONDENT (BY SRI H.SHANTHI BHUSHAN, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT JUSTICE ANAND BYRAREDDY (RETIRED) HIGH COURT JUDGE OR ANY OTHER RETIRED HIGH COURT JUDGE, AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE ARISING OUT OF THE CONDITIONS OF CONTRACT OF THE TENDER DOCUMENT AS PER ANNEXURE-A AND ETC.

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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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Petitioner has filed the present petition seeking for appointment of a sole arbitrator to adjudicate the dispute arising out of the conditions of contract of the tender document as per Annexure-A.

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Petitioner had been entrusted with the work relating to Design, Supply, Installation and Commissioning of Solar RTPV Grid connected power plants on the Roof-tops of Government buildings in BESCOM area under Netmetering scheme including operation and maintenance for a period of ten years.

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It is submitted that disputes have arisen while execution of the said work as entrusted to the petitioner. Said agreement provides a mechanism for redressal and settlement of the dispute as per Clause-62.

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Petitioner has issued a notice at Annexure-E

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proposing for appointment of the arbitrator. In light of the

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dispute as detailed in the said notice and in light of absence of concurrence in appointment of the arbitrator, present petition has been filed. Petitioner has sought for appointment of a sole arbitrator and submits that dispute could be effectively resolved, if matter is entrusted to a retired Judge of the High Court at the Arbitration and Conciliation Centre.

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However, learned counsel for the respondent submits that to ensure objectivity, names other than suggested by the petitioner may be considered.

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Taking note of the tender notification, Clause-62 which provides for settlement of dispute and the dispute as detailed in the legal notice at Annexure-E and noticing the submission of both sides, it becomes clear that there is arbitration clause in the tender document whereby the petitioner was entrusted with the work at Annexure-A and accordingly, case is made out for appointment of the sole arbitrator. Despite the procedure provided under Clause 62 of the tender document, in light of the submission of both

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parties, who submit there has to be resolution of dispute expeditiously and submit that retired High Court Judge may be appointed, this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 is allowed .

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Hon'ble Sri. Justice Ajit J. Gunjal, Former Judge, High Court of Karnataka, 95, ‘Laxmi Kunj’, 7^th Main, MCR Layout, Vijayanagar, Bengaluru – 560 040, is appointed 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 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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VP

M/S. I.C.India Pvt. Ltd. v. the General Manager (Dsm)

Case brief

What is this about?

What did the court decide?

M/S. I.C.India Pvt. Ltd. v. the General Manager (Dsm)

Case brief

What is this about?

What did the court decide?

What the court decided

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