Disposed

Mookambika Enterprises v. M/S Gururaj Enterprises Pvt. Ltd.

Karnataka HC23 Jun 2021CMP/85/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka transferred five civil miscellaneous petitions filed under Section 11(5) of the Arbitration and Conciliation Act, 1996. The Court directed the registry to return the documents to petitioners, allowing them to issue fresh legal notices to appoint the arbitrator as their choice to resume the process.

What did the court decide?

The petitions were disposed of with liberty to the petitioners to issue fresh notice as required under Section 11(5). The registry was directed to return the original documents.

Mookambika Enterprises Vs M/S Gururaj Enterprises Pvt. Ltd. — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JUNE 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. 87/2020 C/W CMP NOS. 83/2020, 85/2020, 86/2020, 88/2020 & 89/2020

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IN CMP NO. 87/2020

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BETWEEN :

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OSTWAL EXIM SYCON HERITAGE APARTMENT FLAT NO B -(A), 21, CHURCH ROAD BASVANAGUDI BENGALURU - 4.

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REP BY ITS PROPRIETOR

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SRI MR AVINASH OSTWAL.

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... PETITIONER

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(By SRI. RAMESH CHANDRA, ADVOCATE)

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AND :

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GURURAJ ENTERPRISES PVT LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" A WING LOVE LANE MUMBAI - 400 010 REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J.C. ROAD

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BENGALURU - 560 027.

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REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI. SAGAR G. NAHAR, ADVOCATE FOR SRI. S.G. GAUTAM CHAND, ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY, ADVOCATE FOR R2)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE/ DIFFERENCE BETWEEN THE PETITIONER AND THE RESPONDENTS AS PER CLAUSE-34 OF THE AGREEMENT OF SALE DATED 27.06.2017, VIDE ANNEXURE-A.

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IN CMP NO. 83/2020

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BETWEEN :

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OSTWAL EXIM SYCON HERITAGE APARTMENT FLAT NO B -(A), 21, CHURCH ROAD BASVANAGUDI BENGALURU - 4.

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REP BY ITS PROPRIETOR SRI MR RAJU OSTWAL.

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... PETITIONER

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(By SRI.RAMESH CHANDRA., ADVOCATE)

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AND :

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M/S.GURURAJ ENTERPRISES PVT LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" A WING LOVE LANE MUMBAI - 400 010

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REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J. C. ROAD BENGALURU - 560 027. REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI.SAGAR G. NAHAR., ADVOCATE FOR SRI. S.G. GAUTAM CHAND., ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY., ADVOCATE FOR R2)

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IN CMP NO. 85/2020

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BETWEEN :

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MOOKAMBIKA ENTERPRISES NO. D FLAT 3^RD FLOOR K.R. ROAD OPP: POST OFFICE BASAVANAGUDI BENGALURU - 4.

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REP BY ITS PROPRIETOR SRI MR RAMESH KUMAR OSTWAL @ MR. RAMESH OSTWAL.

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... PETITIONER (By SRI.RAMESH CHANDRA., ADVOCATE)

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AND :

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M/S. GURURAJ ENTERPRISES PVT LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" "A WING" LOVE LANE MUMBAI - 400 010 REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J. C. ROAD BENGALURU - 560 027. REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI.SAGAR G. NAHAR., ADVOCATE FOR SRI. S.G. GAUTAM CHAND., ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY., ADVOCATE FOR R2)

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IN CMP NO. 86/2020

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BETWEEN :

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MOOKAMBIKA ENTERPRISES NO. D FLAT 3^RD FLOOR K.R. ROAD OPP: POST OFFICE BASAVANAGUDI BENGALURU - 4.

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REP BY ITS PROPRIETOR

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SRI MR RAMESH KUMAR OSTWAL @ MR. RAMESH OSTWAL.

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... PETITIONER

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(By SRI.RAMESH CHANDRA., ADVOCATE)

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AND :

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M/S. GURURAJ ENTERPRISES PVT. LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" "A WING" LOVE LANE MUMBAI - 400 010 REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J. C. ROAD BENGALURU - 560 027. REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI.SAGAR G. NAHAR., ADVOCATE FOR SRI. S.G. GAUTAM CHAND., ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY., ADVOCATE FOR R2)

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IN CMP NO. 88/2020

BETWEEN :

OSTWAL EXIM

SYCON HERITAGE APARTMENT FLAT NO B -(A), 21, CHURCH ROAD BASVANAGUDI BENGALURU - 4. REP BY ITS PROPRIETOR SRI MR RAJU OSTWAL.

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... PETITIONER

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(By SRI.RAMESH CHANDRA., ADVOCATE)

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AND :

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M/S GURURAJ ENTERPRISES PVT LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" A WING LOVE LANE MUMBAI - 400 010 REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J. C. ROAD BENGALURU - 560 027. REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI.SAGAR G. NAHAR., ADVOCATE FOR SRI. S.G. GAUTAM CHAND., ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY., ADVOCATE FOR R2)

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IN CMP NO. 89/2020

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BETWEEN :

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OSTWAL EXIM SYCON HERITAGE APARTMENT FLAT NO B -(A), 21, CHURCH ROAD BASVANAGUDI, BENGALURU - 4.

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REP BY ITS PROPRIETOR SRI MR AVINASH OSTWAL.

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... PETITIONER

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(By SRI.RAMESH CHANDRA., ADVOCATE)

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AND :

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M/S. GURURAJ ENTERPRISES PVT LTD., NO 1301, 13^TH FLOOR "SANKESHWAR DARSHAN" A WING LOVE LANE MUMBAI - 400 010 REP BY ITS MANAGING DIRECTOR MR VINOD KUMAR M HIRANI.

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M/S MYTHRI HOUSING PVT LTD "JAIN HEIGHTS SOLUS" NO 2, 11^TH FLOOR, 1^ST CROSS, J. C. ROAD BENGALURU - 560 027. REP BY ITS DIRECTOR MR KISHORE KUMAR.

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... RESPONDENTS

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(By SRI.SAGAR G. NAHAR., ADVOCATE FOR SRI. S.G. GAUTAM CHAND., ADVOCATE FOR R1; SRI. Y.S. HANUMANTHA REDDY., ADVOCATE FOR R2)

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PER CLAUSE-34 OF THE AGREEMENT OF SALE DATED 27.06.2017, VIDE ANNEXURE-A.

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

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O R D E R

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These petitions were disposed of by this Court on 16.06.2021 after hearing the learned counsel for the petitioners. The draft is available in records. After the disposal, a memo is filed by the learned counsel for the respondent No. 1 for 'Being Spoken To' and as such, the petitions are listed. On hearing the learned counsel for the petitioners, the earlier order dated 16.06.2021 is recalled and the petitions are taken up for fresh disposal.

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Presently, responding to the ‘Memo for Being Spoken’ filed on behalf of the respondent No. 1, the learned counsel for the parties unanimously submit that the petitioners, because of the disputes with the respondents, have issued separate legal notices

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invoking the arbitration clauses in each of the corresponding sale agreements concluded with the respondents. The petitioners in these legal notices have failed to nominate the arbitrator who could be unanimously appointed by the parties. The respondents have responded to such legal notices calling upon the petitioners to furnish the details of the person whom the petitioners would nominate as the sole arbitrator so that they could consider signifying their assent if they could. However, the petitioners have not furnished the details, and the petitioners have filed the respective petitions before the expiry of 30 days from the date of issuance of such legal notices. Therefore, the petitions are premature.

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In the light of these unanimous submissions, the petitions are disposed of with liberty to the petitioners to issue fresh notice as required under Section 11(5) of the Arbitration and Conciliation Act, 1996. The registry is

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directed to return the original documents to the learned counsel for the petitioners under acknowledgement.

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SD/JUDGE

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Mookambika Enterprises v. M/S Gururaj Enterprises Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mookambika Enterprises v. M/S Gururaj Enterprises Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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