Court allowed the Civil Miscellaneous Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, appointing Sri S. N. Navalgund as the Sole Arbitrator in disputes arising from an Agreement of Lease.
Appointment of Sri S. N. Navalgund as the Sole Arbitrator; all claims and contentions left open for the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL MISCELLANEOUS PETITION No.416/2019
BETWEEN : M/s. IBM Sports Academy, A registered partnership firm Having its regd. Office at No.437-B, Flat - E, 5th Cross, Opp. HBR Complex, 2nd Block, HBR Layout, Bengaluru - 560 043 Represented by its Partner Mr. Syed Ismail. … Petitioner (By Sri Vivek Holla, Advocate) AND : Sri N. Ramamurthy, S/o Late Nanjundappa, Aged about 66 years, Major, Residing at No.556, Pillamma Road, Behind Jalavayu Vihar, Kacharakanahalli, St. Thomas Town Post, Bengaluru - 560 043. … Respondent (Respondent - Served and Unrepresented)
2
This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to nominate and appoint Hon'ble Mr. Justice Jagannathan, Retired Judge as this Hon'ble Court as the Sole Arbitrator to adjudicate upon the disputes which have arisen between the petitioner and the respondent in terms of Clause 11 of the Agreement dated 09.03.2015.
This Petition coming on for admission this day, the Court, made the following:
ORDER
Petitioner has sought for appointment of an arbitrator
to adjudicate the dispute that has arisen between the petitioner and respondent in terms of the agreement dated 09.03.2015.
a legal notice came to be issued to respondent invoking the arbitration clause on 12.06.2019 and the same having been served, in light of absence of concurrence as regards to the appointment of arbitrator, present petition has been filed.
3
unrepresented.
4
(i) All claims and contentions are left/kept open
to be decided by the Arbitral Tribunal.
(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.
(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE
VP
1 issue framed by the court
Whether to nominate and appoint a Sole Arbitrator when the respondent fails to express concurrence regarding the appointment pursuant to the arbitration clause in the Agreement of Lease dated 09.03.20
1 provisions across 1 enactments
M/s. IBM Sports Academy, A registered partnership firm
Sri N. Ramamurthy
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court