Allowed

Cushman and Wakefield India Pvt. Ltd. v. M/S Abdul Hameed Memorial

Karnataka HC29 Jun 2021CMP/47/2021

Case brief

AI extract

What is this about?

Civil Miscellaneous Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator. The Court allowed the petition and appointed a former judge as the Sole Arbitrator to adjudicate the dispute under the Project Management Agreement.

What did the court decide?

Appointment of Mr. Justice John Michael D’Cunha as the Sole Arbitrator to adjudicate the dispute.

Cushman and Wakefield India Pvt. Ltd. Vs M/S Abdul Hameed… — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CIVIL MISCELLANEOUS PETITION NO. 47/2021

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BETWEEN :

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CUSHMAN AND WAKFIELD INDIA PVT. LTD., HAVING ITS REGISTERED OFFICE AT: JA 1120 & JA 1121, 11^TH FLOOR, TOWER A, DLF TOWERS JASOLA, JASOLA DISTRICT CENTRE, NEW DELHI-110 025, INDIA

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... PETITIONER

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(By MS. RAJASHREE B., ADVOCATE)

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AND :

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M/S ABDUL HAMEED MEMORIAL EDUCATIONAL TRUST, HAVING ITS REGD. OFFICE AT: NO. 29, ALBERT STREET, RICHMOND TOWN, BENGALURU-560 025, KARNATAKA, THROUGH ITS TRUSTEE/ AUTHORIZED SIGNATORY

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HAVING ITS CORPORATE OFFICE AT: NO. 8/1, UNIVERSITY HOUSE, KINGS STREET, RICHMOND TOWN, BENGALURU-560 025, KARNATAKA,

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THROUGH ITS TRUSTEE/AR EMAIL: [email protected]

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[email protected] [email protected] [email protected].

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... RESPONDENT

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(By SRI SHIVAKUMAR, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR FOR THE PURPOSE OF ADJUDICATING THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT, IN PURSUANCE TO CLAUSE 13 ( Dispute Resolution) OF THE AGREEMENT DATED 20.12.2017 VIDE ANNEXURE-‘C’, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The learned counsel for the petitioner and the learned counsel for the respondent submit that there is dispute between the petitioner and the respondent as regards the Project Management and Associated Service Agreement dated 20.12.2017 executed between them

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and they have also agreed for resolution of such dispute by arbitration.

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The learned counsels also submit that all efforts at mediation have failed and the petitioner and the respondent are also unable to agree on the appointment of a Sole Arbitrator, and again the learned counsels unanimously submit that the Court can appoint a Sole Arbitrator to enter reference of the dispute and to conduct arbitration at the Bangalore Arbitration Centre according to the Rules therefor.

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In the light of these unanimous submissions for appointment of the Sole Arbitrator, and because there is compliance with the requirements under Section 11(6) of the Arbitration and Conciliation Act, 1996, the petition is allowed leaving all questions to be decided by the Sole Arbitrator appointed by this Court by the following order:

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O R D E R

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The petition is allowed, and Hon'ble Mr. Justice John Michael D’Cunha, a Former Judge of this Court, Address: No. 80, 5th main, AGS Colony, Ananda Nagar, Hebbal, Bangalore-24 (Mobile No. 9480822562) is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration Centre.

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The Registry is directed to communicate this order to the Arbitration and Conciliation Centre and Hon'ble Mr. Justice John Michael D’Cunha, Address: No. 80, 5th main, AGS Colony, Ananda Nagar, Hebbal, Bangalore-24 (Mobile No. 9480822562) as required

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under the Appointment of Arbitrators by the Chief

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Justice of India Scheme, 1996.

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SD/JUDGE

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mbb

Cushman and Wakefield India Pvt. Ltd. v. M/S Abdul Hameed Memorial

Case brief

What is this about?

What did the court decide?

Cushman and Wakefield India Pvt. Ltd. v. M/S Abdul Hameed Memorial

Case brief

What is this about?

What did the court decide?

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