Allowed

Sportz Village Foundation v. Global Educational Society

Karnataka HC7 Sept 2022CMP/255/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Civil Miscellaneous Petition under Section 11 of the Arbitration Act, 1996. The petition sought appointment of an arbitrator due to a dispute over an agreement dated 01.07.2019 wherein the dispute resolution mechanism was via a sole arbitrator appointed by the Petitioner.

What did the court decide?

Appointment of Shri. S.R. Somasekhara as sole Arbitrator to resolve the dispute under the provisions of the Arbitration and Conciliation Act, 1996.

Sportz Village Foundation Vs Global Educational Society — Arbitration | Karnataka HC (2022)

¶1

¹

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7^TH DAY OF SEPTEMBER, 2022 BEFORE

¶3

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR CIVIL MISCELLANEOUS PETITION NO.255 OF 2021

¶4

BETWEEN:

¶5

SPORTZ VILLAGE FOUNDATION (PRESENT ADDRESS) SPORTZ VILLAGE NO.36/2 GROUND FLOOR, SOMASUNDARAPALYA NEAR MAHAVEER SEASON APARTMENT HSR LAYOUT, 2^ND SECTOR BANGALORE - 560 102 REPRESENTED BY ITS FINANCE EXECUTIVE MR SRIKANTH H R

¶6

...PETITIONER

¶7

(BY SRI. PRASHANTH B.K., ADVOCATE)

¶8

AND:

¶9

GLOBAL EDUCATIONAL SOCIETY RUNNING INTERNATIONAL DELHI PUBLIC SCHOOL KHAJIPETA ARASAVALLI (PO), VADADA JUNCTION SRIKAKULAM ANDRA PRADESH – 532 001

¶10

…RESPONDENT

¶11

(V/O DT: 24.08.2022 SERVICE OF NOTICE TO RESPONDENT IS HELD SUFFICIENT)

¶12

THIS C.M.P. IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTING SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE RESOLUTION OF THE DIFFERENCES, CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES IN CONNECTION WITH THE SAID AGREEMENT DATED 01/07/2019 AND ETC.

¶13

²

¶14

THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-

¶15

ORDER

¶16

The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner – SportzVillage Foundation against the respondent – Global Educational Society, seeking appointment of an Arbitrator in pursuance of Arbitration Clause of the Agreement dated 01.07.2019 vide AnnexureA.

¶17

2. Clause-9 of the said Agreement, which

¶18

contains an Arbitration clause, reads as under:-

¶19

“ 9. ARBITRATION

¶20

In case of any dispute or difference shall arise between the Company and the Customer on any matter within the scope of the agreement, such dispute or differences shall be referred to a sole arbitrator to be appointed by the Company at the time of the reference of the disputes to arbitration. Award of the Arbitrator shall be final and binding on both parties. The procedure laid down in Indian Arbitration Act of 1996 and the rules made there under from time to time shall apply in the matter of the reference. Only courts at Bangalore shall have

¶21

³

¶22

jurisdiction to entertain a claim or for enforcement of the award.”

¶23

The material on record discloses that since disputes arose between the parties in relation to the aforesaid Agreement dated 01.07.2019 containing the aforesaid arbitration Clause No.9, on 14.06.2021, the petitioner invoked the aforesaid arbitration clause and issued a notice to the respondent putting forth various claims and contentions and nominating and appointing a sole arbitrator and calling upon the respondent to give its concurrence / consent to refer the dispute to arbitration. However, despite having received the said notice, the respondent has neither sent any reply nor complied with the requests and demands made in the aforesaid arbitration notice.

¶24

Subsequently, the parties have not only failed to resolve their disputes but they have also not reached any consensus / agreement for appointment of an arbitrator and as such, petitioner is before this Court by way of the present petition.

¶25

⁴

¶26

In view of the aforesaid facts and

¶27

circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to allow this petition by referring the dispute between the parties to arbitration with the consent of both sides by appointing Shri. S.R. Somasekhara, Retd. District Judge, to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.

¶28

6. In the result, I pass the following

¶29

ORDER

¶30

(i) Petition is hereby allowed . (ii) Shri. S.R. Somasekhara, Retd. District Judge, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties as per

¶31

⁵

¶32

the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.

¶33

(iii) All rival claims, contentions, etc., of both parties including contentions relating to maintainability, arbitrability, jurisdiction, limitation, stamp duty, etc., are left/kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same.

¶34

(iv) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further and also to Shri.S.R. Somasekhara, Retd. District Judge, to the address available with the said Centre.

¶35

(v) Registry is directed to return all original documents produced by any

¶36

⁶

¶37

of the parties after obtaining

¶38

Photostat copies of the same.

¶39

Sd/JUDGE

¶40

Sportz Village Foundation v. Global Educational Society

Case brief

What is this about?

What did the court decide?

Sportz Village Foundation v. Global Educational Society

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mrs Anna Chandy Vs M/S Waterline Hotels Pvt. Ltd.

Mr.Selvendhiiran Selvam Vs International Medical School Management

Shashikala G Rao Vs the Principal Secretary to the Govt of Karnataka

Ramachandra Mudi Vs the Mysore Kirloskar Workers

M Krishna Murthy Vs Chandra Spinning

Sri S B Nagaraj Vs the Joint Registrar of Co-Op Societies