Dismissed

Smt Suchitra D S v. Sri Madhusudhan B S

Karnataka HC6 Apr 2021CMP/363/2017

Case brief

AI extract

What is this about?

Civil Miscellaneous Petition seeking appointment of a sole arbitrator under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 regarding a partnership dispute. The petition was dismissed due to a formal defect in issuing notice to the respondent, with liberty to file a fresh petition.

What did the court decide?

Petition dismissed with liberty to file a fresh petition under Section 11(6) after curing the defect of non-service of notice.

Smt Suchitra D S Vs Sri Madhusudhan B S — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2021 BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CIVIL MISCELLANEOUS PETITION No.363/2017

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BETWEEN :

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SMT. SUCHITRA D.S., D/O LATE SHANMUKAPPA, AGED ABOUT 40 YEARS, RESIDING AT "SAI NIVAS", BHAGATH SINGH ROAD, JAYANAGAR 2^ND STAGE, HASSAN - 573 201. … PETITIONER (BY SRI NIRMALA JAYARAM, ADVOCATE)

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AND : SRI MADHUSUDHAN B.S., S/O LATE SHIVABASAVAIAH AGED ABOUT 49 YEARS, RESIDING AT "SRIGANDHA", SANGAMESHWARA EXTENSION 2^ND STAGE, HASSAN - 573 201.1. … RESPONDENT

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(V/O DATED 19.03.2021, SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTIONS 11(5) & 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SUITABLE SOLE ARBITRATOR AS PER THE CONDITIONS ENVISAGED IN THE PARTNERSHIP DEED DATED 02.05.2012 AND ENABLE THE PETITIONER TO DECIDE THE DISPUTES BETWEEN THE PARTIES HERETO AS PER THE ARBITRTION AND CONCILIATION ACT, 1996.

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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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After hearing the matter for sometime, learned counsel for the petitioner files a memo seeking liberty for withdrawal of the petition as notice invoking arbitration clause has not been issued to the respondent.

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Taking note of the said formal defect and in light of the memo filed, petition is dismissed reserving liberty to file a fresh petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 with respect to appointment of an arbitrator to resolve the dispute arising under the partnership deed produced at Annexure-A.

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Sd/JUDGE

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VP

Smt Suchitra D S v. Sri Madhusudhan B S

Case brief

What is this about?

What did the court decide?

Smt Suchitra D S v. Sri Madhusudhan B S

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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