Allowed

Capacite Infra Projects Ltd. v. M/S Siddha Sheka Developers LLP

Karnataka HC8 Mar 2021CMP/258/2020

Case brief

AI extract

What is this about?

Civil Miscellaneous Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of a technical arbitrator. The High Court allowed the petition and appointed Sri. V. Jagannathan as the Sole Arbitrator.

What did the court decide?

Appointment of Sri. V. Jagannathan as Sole Arbitrator in the Arbitration and Conciliation Centre, Bengaluru.

Capacite Infra Projects Ltd. Vs M/S Siddha Sheka Developers LLP — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF MARCH 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.258/2020

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BETWEEN:

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CAPACITE INFRAPROJECTS LTD A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.605-607, SHRIKANT CHAMBERS PHASE - 1, 6^TH FLOOR, ADJACENT TO R K STUDIOS, SION-TROMBAY ROAD CHEMBUR, MUMBAI - 400 071.

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ALSO AT NO.1112, 11^TH FLOOR, BARTON CENTRE, MAHATMA GANDHI ROAD BENGALURU - 560 001.

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REPRESENTED BY ITS AUTHORIZED SIGNATORY MR VISHNU VIJAYAN

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... PETITIONER

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(BY SRI. SRINANDAN KARTHIKEYAN, ADVOCATE)

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AND:

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M/S SIDDHA SHEKA DEVELOPERS LLP A LIMITED LIABILITY PARTNERSHIP HAVING ITS REGISTERED OFFICE AT 1/1 NV HOUSE, 1^ST FLOOR, H. SIDDAIAH ROAD, BENGALURU

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... RESPONDENT

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REPRESENTED BY ITS PARTNERS MR. SHAILESH HARAN.

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(BY SRI. SANJAY H. SETHIYA, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) & (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR WITH TECHNICAL EXPERTISE TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT WITH RESPECT TO CONTRACT DOCUMENT IN ANNEXURE-A AND B DATED 12/12/2015.

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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 has sought for appointment of an

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Arbitrator to adjudicate the dispute arising out of the contract between the parties dated 12.12.2015.

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It is the case of the petitioner that disputes have

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arisen as regards payments with respect to the work done under the agreement at Annexures-'A', 'B', 'C' and 'D'. It is further pointed out that in the event of any dispute, Clause 46 provides for procedure for resolution of dispute and provides for arbitration. It is further submitted that the

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notice invoking arbitration clause dated 06.03.2020 was

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communicated to the respondent, which has been delivered as per the track consignment report at Annexure-'N'.

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It is submitted that the respondent through its

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counsel has replied to the same repelling the contentions of the petitioner. In light of lack of absence of concurrence in appointment of Arbitrator, the present petition is filed.

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Upon notice, the learned counsel for respondent has entered appearance.

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The learned counsel for respondent submits that

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the factual assertions of the petitioner are not accepted and state that the dispute as made out by the petitioner is contrary to the actual facts. In light of the dispute as made out by the legal notice and taking note of the clause of arbitration i.e., Clause 46 as well as agreements at Annexures-'A', 'B', 'C' and 'D' and noticing the joint submission of counsels that Arbitrator could be appointed to enter upon the reference and to arbitrate the dispute, the petition requires to be allowed.

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Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri. V. Jagannathan, Former Judge, High Court of Karnataka, 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

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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 Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru.

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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/-

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JUDGE

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Np/-

Capacite Infra Projects Ltd. v. M/S Siddha Sheka Developers LLP

Case brief

What is this about?

What did the court decide?

Capacite Infra Projects Ltd. v. M/S Siddha Sheka Developers LLP

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

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