The High Court appointed the sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, based on the arbitration clause in the Employment Agreement while dismissing related writ and miscellaneous petitions.
Appointment of Sri. Chandra Mallegowda as sole arbitrator to decide the pending disputes between the parties.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
CIVIL MISCELLANEOUS PETITION NO.99 OF 2020 C/W WRIT PETITION NO.14682 OF 2020 (GM - CPC)
IN CMP NO.99/2020
BETWEEN:
PREM KUMAR, AGED ABOUT 40 YEARS, S/O MR. VENUGOPAL, R/AT NO.104, KUMARI FEMS APARTMENT, 3RD MAIN ROAD, ITI LAYOUT, HOSAPALYA, BANGALORE - 560 068.
…PETITIONER
(BY SRI.HARI KRISHNA PRAMOD, ADVOCATE FOR SMT.SNEHA NAGARAJ, ADVOCATE)
AND:
M/S. GHAGANE AVIATION PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS REGISTERED OFFICE AT NO. L -150, AGR PLAZA, 5TH MAIN ROAD, 6TH SECTOR, HSR LAYOUT, BANGALORE - 560 102, REPRESENTED BY ITS DIRECTOR MR. RAMESH MOPIDEVI.
…RESPONDENT
(BY SRI.VAIBAV M IYENGAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT TO A) APPOINT A SOLE ARBITRATOR TO ADJUDICATE ALL PENDING DISPUTES BETWEEN THE PARTIES HEREIN IN TERMS OF THE EMPLOYMENT AGREEMENT DATED 28/11/2017 AND
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B) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT MAY DEEM FIT, INCLUDING COSTS OF THIS PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO.14682/2020
BETWEEN:
GHAGANE AVIATION PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO. L-150, AGR PLAZA, 5TH MAIN ROAD, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560102. REPRESENTED BY ITS DIRECTOR MR. RAMESH MOPIDEVI.
…PETITIONER
(BY SRI.SHYAM V PRASAD, ADVOCATE)
AND:
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KUMARI FERNS, APARTMENTS 3RD MAIN, ITI LAYOUT, HOSAPALYA, BENGALURU - 560 068.
…RESPONDENTS
(BY SRI. NIKHIL CHANDRA R., ADVOCATE FOR SRI.KASHYAP N NAIK, ADVOCATE FOR R2 - R4; SRI.HARI KRISHNA PRAMOAD, ADVOCATE FOR SMT.SNEHA NAGARAJ, ADVOCATE FOR R1; R5 - SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.10.2020 PASSED BY THE LEARNED XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU (CCH-39) ON IA NO.4 IN O.S. NO.3362 OF
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2019 VIDE ANNEXURE - A AND SUBSEQUENTLY DIRECT THE LEARNED XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU (CCH-39) TO CONSIDER AND PASS ORDER ON IA NUMBERS 1 AND 2 IN O.S. NO.3362 OF 2019 IN ACCORDANCE WITH LAW AND ETC.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The CMP under Section 11(6) of the Arbitration And Conciliation Act 1996, seeks appointment of the arbitrator in terms of arbitration clause in the Employment Agreement dated 28.11.2017, a copy whereof is at Annexure-A in the CMP. The arbitration clause reads as under:
“11.3 Arbitration
Upon the Parties being unable to resolve the disputes within 30 (thirty) Business days as aforesaid, the disputes or differences shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules framed thereunder, which provisions are deemed to be incorporated by reference into this Clause 11.3. A sole arbitrator shall be mutually appointed by the Parties for all arbitration proceedings. All the proceedings of such arbitration shall be in the English language. The seat and venue of the arbitration shall be Bangalore, India. Neither the existence of any dispute nor the fact that any arbitration is pending hereunder shall relieve either of the parties of their respective obligations under this Agreement.”
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It is pointed out that for the above reason the learned XXXVIII Additional City Civil Judge, Bangalore City has made the order dated 19.10.2020 in OS.No.3362/2019 favouring section 8 application and has relegated the parties to arbitration.
In the above circumstances, these matters are disposed off appointing Sri. Chandra Mallegowda a retired District Judge as and to be the sole arbitrator and requesting him to enter into the said reference of Arbitration & to act as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the extant Rules.
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(i) 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.
(ii) Registry is directed to return the original documents if any, produced by the parties after obtaining photostat copies of the same for the file. All contention are kept open.
No costs.
Sd/JUDGE
DS
3 issues framed by the court
Whether to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 in terms of the Employment Agreement.
Whether the set of parties before the Civil Court should be disclosed on the arbitration reference.
Whether to quash the order of the learned trial court disallowing the decree in the first instance and relegating the parties to arbitration.
Colour shows how this judgement treated each authority
None citedReferred
3 provisions across 3 enactments
Ghagane Aviation Pvt Ltd.
EFPL Support Pvt. Ltd.
Mrs. Sridevi
Mrs. Silver Julian D'Souza
Mr. Sai Sesh Nag
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
