Allowed

M/S M v. v Satyanarayana v Union of India

Karnataka HC18 Nov 2022CMP/175/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Civil Miscellaneous Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator. The court appointed a former Judge as the arbitrator to resolve disputes between the parties.

What did the court decide?

Appointment of Hon'ble Mr. Justice A V Chandrashekar as the sole arbitrator to enter referral and conduct proceedings.

M/S M v v Satyanarayana Vs Union of India — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER 2022

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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.175/2022

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BETWEEN :

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M/S M V V SATYANARAYANA NO.673, H NO.6-1-136/3M, 1^ST FLOOR, MEHER RATHNA COMPLEX, BALRAM COLONY, WALKER TOWN, PADMA RAO NAGAR, SECUNDERABAD-500025, REPRESENTED BY SRI M BHIMA SHANKAR.

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... PETITIONER

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(By SRI. VASU DEVA NAIDU S., ADVOCATE)

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AND :

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UNION OF INDIA REP BY

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THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBLI - 560 023.

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THE CHIEF ADMINISTRATIVE OFFICER/ CONSTRUCTION SOUTH WESTERN RAILWAY, 18, MILLERS ROAD, BANGALORE-46.

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THE CHIEF ENGINEER / WEST/ CONSTRUCTION SOUTH WESTERN RAILWAY, 18, MILLERS ROAD, BANGALORE-46.

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... RESPONDENTS

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(By SRI.S. RAJASHEKAR, 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 A SOLE ARBITRATOR TO RESOLVE THE DISPUTES AND OUTSTANDING ISSUES BETWEEN THE PARTIES IN ACCORDANCE WITH THE PROVISIONS OF AGREEMENT BEARING NO. CAO/CN/BNC/ 74196/A/ 128/II/ 2017 DATED 28/03/2017 (ANNEXURE-B) AS PER CLAUSE 64 OF THE GENERAL CONDITIONS OF CONTRACT AT ANNEXURE-C IN CONSONANCE WITH ARBITRATION AND CONCILIATION ACT, 1996 AND PASS SUCH FURTHER OR OTHER ORDERS AS THE COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.

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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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Sri. Vasudeva Naidu S, the learned counsel for the petitioner, and Sri. S. Rajashekar, the learned counsel for the respondent, are heard. They are unanimous in their submissions that the ingredients for exercise of jurisdiction under Section 11[5] of the Arbitration and

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Conciliation Act, 1996 cannot be contested and they also submit that a former Judge of this Court could be appointed as a sole Arbitrator. In view of this submission, the following:

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ORDER

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[a] The petition is allowed;

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[b] Hon'ble Mr. Justice A V Chandrashekar, a Former Judge of this Court, Address: No.406, 3^rd Floor, Ramashridhar Apartment, 2^nd Cross, 9^th Main, BTM Layout 2^nd Stage, Bengaluru-560 076, 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 and

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Conciliation Centre (Domestic and

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International), Bengaluru.

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[c] The Registry is directed to

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communicate this order to the Arbitration and Conciliation Centre and Hon'ble Mr. Justice A V Chandrashekar, a Former Judge of this Court, Address: No.406, 3^rd Floor, Ramashridhar Apartment, 2^nd Cross, 9^th Main, BTM Layout 2^nd Stage, Bengaluru-560 076, 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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AN/-

M/S M v. v Satyanarayana v Union of India

Case brief

What is this about?

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M/S M v. v Satyanarayana v Union of India

Case brief

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