Dismissed

Mrs R M Sathya Prema Devi v. R Sivakumar

Karnataka HC2 Sept 2022CMP/371/2022

Case brief

AI extract

What is this about?

A civil miscellaneous petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator under an agreement dated 22/11/2019 was dismissed as withdrawn by the Court, with liberty to initiate fresh proceedings.

What did the court decide?

Permission to withdraw the petition granted; petition dismissed as withdrawn with liberty to initiate fresh proceedings.

Mrs R M Sathya Prema Devi Vs R Sivakumar — Arbitration | Karnataka HC (2022)

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CMP No. 371 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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CIVIL MISC. PETITION NO. 371 OF 2022

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BETWEEN:

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MRS. R.M. SATHYA PREMA DEVI AGED ABOUT 75 YEARS W/O LATE MR. S.SHIVANANDA SWAMY R/AT 6 SENECA FOREST COURT GERMANTOWN, MARYLAND 20876 UNITED STATE OF AMERICA

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REP. BY POWER OF ATTORNEY HOLDER SRI. BHUVANESH NANJUNDAIAH S/O MR. NANJUNDAIAH AGED ABOUT 56 YEARS R/AT NO.143, 1^ST MAIN 10^TH CROSS, NGEF LAYOUT NRUPATHUNGA NAGAR NAGARABHAVI 2^ND STAGE BENGALURU-560072 …PETITIONER (BY SMT. RADHA JAYANTHI.C.S, ADVOCATE)

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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AND:

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R. SIVAKUMAR AGED ABOUT 37 YEARS PROPRIETOR, R/AT B301 AUKRUTHI PLATINA NARAYANAPPA GARDEN WHITEFIELD, BENGALURU-560066

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JDFS EDUCATION PRIVATE LIMITED A COMPANY INCORPORATED IN INDIA (CIN U80301MH2013PTC250019) CONCRETE HERITAGE, 204, 2^ND FLOOR WARODA ROAD, OFF HILL ROAD BANDRA (W) AND MUMBAI-400050

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CMP No. 371 of 2022

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ACTING THROUGH ITS AUTHRORIZED SIGNATORY SHILPA CHANDRASHEKAR MARLA

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…RESPONDENTS

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(BY KUM. ASHA S. NAIR, ADVOCATE FOR R1; R2-SERVED)

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THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT ANY RETIRED HIGH COURT JUDGE OR RETIRED DISTRICT JUDGE RESIDING AT BENGALURU AS THE SOLE ARBITRATOR IN RESPECT OF THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING UNDER THE AGREEMENT DATED 22/11/2019 AS PER ANNEXURE ‘B’ AND REFER THE DISPUTES TO THE SAID ARBITRATOR.

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THIS CMP COMING ON ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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After arguing for some time, learned counsel for the petitioner seeks permission to withdraw the above petition with liberty to initiate fresh and appropriate notice complying with the requirements of Section 11 read with Section 21 of the Arbitration and Conciliation Act, 1996.

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Reserving such liberty, the petition stands dismissed as withdrawn.

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Sd/JUDGE

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Mrs R M Sathya Prema Devi v. R Sivakumar

Case brief

What is this about?

What did the court decide?

Mrs R M Sathya Prema Devi v. R Sivakumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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