Allowed

Bosch Limited v. M/S Kumaran Auto Traders

Karnataka HC22 Jul 2021CMP/55/2020

Case brief

AI extract

What is this about?

This is a civil miscellaneous petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed for appointment of a sole arbitrator. The High Court allowed the petition and appointed the mutually agreed retired District Judge as the sole arbitrator to hear the commercial dispute between the parties.

What did the court decide?

Appointment of Sri V.N. Raveendra, a retired District Judge, as the Sole Arbitrator to conduct arbitration proceedings between the parties.

Bosch Limited Vs M/S Kumaran Auto Traders — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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CIVIL MISCELLANEOUS PETITION NO. 55/2020

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BETWEEN :

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BOSCH LIMITED

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HAVING ITS REGISTERED OFFICE AT POST BOX NO 3000 HOSUR ROAD, ADUGODI, BENGALURU - 560 030, REPRESENTED BY ITS LEGAL COUNSEL AND AUTHORIZED REPRESENTATIVE MR ABHAY ANAND JHAGIRDHAR.

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... PETITIONER

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(By SRI. SANDEEP KUMAR B S., ADVOCATE)

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AND :

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M/S KUMARAN AUTO TRADERS A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS:

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(I) MR. M.SARAVANAN AND

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(II) MR. P. KANAN

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HAVING ITS OFFICE AT NO 20, PETCHIAMMAN PADITHURAI ROAD,

MADURAI - 625 001.

ALSO AT

NO 38, 1^ST FLOOR, NORTH VELI STREET, MADURAI - 625 001.

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... RESPONDENTS

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(By SRI.A. JOHN PAUL., 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 INDEPENDENT SOLE ARBITRATOR FROM THE PANEL OF THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU TO HEAR AND DECIDE THE DISPUTES BETWEEN THE PETITIONER AND RESPONDENT PURSUANT TO THE ARBITRATION CLAUSE 15 OF THE AGREEMENT DATED NIL ENTERED INTO BETWEEN THE PARTIES.

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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 counsels for the parties are heard with their consent for final disposal. It is undisputed that the petitioner vide the agreement dated 27.06.2015 has appointed the first respondent, a partnership firm with the other respondents as its partners, as its Main Distributor for commercial vehicle spares and other automobile parts for the Madurai region, and there is dispute between the parties with both the parties alleging that they are entitled to receive certain amounts from the other.

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The petitioner has issued legal notice dated 08.06.2019 demanding a total sum of Rs.28,961,200/– and invoking the arbitration agreement as per clause 15 of the Agreement dated 27.06.2015. The respondents have responded by their reply notice dated 29.06.2019 denying the liability as asserted by the petitioner and making a counterclaim for a sum of Rs. 2,01,38,579/-,

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and insofar as the arbitration, the respondents have agreed for arbitration by a sole arbitrator and suggested the names of three retired district judges from this State. The petitioner has replied by the notice dated 07.08.2019 accepting the appointment of Sri V.N. Raveendra, a retired District Judge, who is also empanelled with the Arbitration and Conciliation Centre, Bengaluru as the sole arbitrator, but thereafter the parties have not been able to proceed further. As such, the petitioner has filed this petition Under Section 11 of the Arbitration and Conciliation Act, 1956.

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The learned counsels for the parties reiterate the contents of the legal notices referred to above, and are unanimous in their submission that Sri V.N. Raveendra, a retired District Judge, be appointed as the sole arbitrator to enter reference of the dispute between the parties and to conduct the arbitration proceedings at the Arbitration and Conciliation Centre, Bengaluru

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subject to the rules applicable therefor. As such, the following:

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ORDER

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[a] The petition is allowed, and Sri V.N. Raveendra, a retired District Judge, Address: No.229, Balaji Layout, Vajarahalli, Bynapalya, Kanakapura Road, Bengaluru - 560 062 (Mobile No:9740717017) is appointed as the Sole Arbitrator to enter reference of the disputes between the parties and to conduct arbitration proceedings in Bangalore Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration Centre.

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[b] All questions between the parties are kept open to be decided in the Arbitration proceedings.

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[c] The Registry is directed to communicate this order to the Arbitration and Conciliation Centre and Sri V.N. Raveendra, retired District Judge, Address: No.229, Balaji Layout, Vajarahalli, Bynapalya, Kanakapura Road, Bengaluru - 560 062 (Mobile No:9740717017) as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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SD/JUDGE

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Bosch Limited v. M/S Kumaran Auto Traders

Case brief

What is this about?

What did the court decide?

Bosch Limited v. M/S Kumaran Auto Traders

Case brief

What is this about?

What did the court decide?

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