Allowed

Suryodaya Infra Projects (I) Private Limited v. Tenova India Private Limited

Karnataka HC1 Jul 2022CMP/441/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, in this civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, allowed the petitioner's prayer. The court appointed Sri. Ashok L Pujar, a retired District Judge, as the sole arbitrator to adjudicate the dispute referencing a sub-contract agreement.

What did the court decide?

Appointment of Sri. Ashok L Pujar, retired District Judge, as the sole arbitrator to conduct the proceedings.

Suryodaya Infra Projects (I) Private Limited Vs Tenova India… — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF JULY 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.441/2022

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BETWEEN :

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SURYODAYA INFRA PROJECTS (I) PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT HAVING ITS REGISTERED OFFICE AT PLOT NO.45, DOOR NO.7-1-644 PLOT NO.45, 1^ST FLOOR, SUNDER NAGAR COLONY NEAR ESIG HOSPITAL, SENATH NAGAR HYDERABAD-500 038 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR VISHNU VARDHAN MAGANTI.

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... PETITIONER (By SMT. SOUNDARYA GANESAN, ADVOCATE)

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AND :

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TENOVA INDIA PRIVATE LIMITED PLOT NO.108/D, 6^TH MAIN ROAD III PHASE, PEENYA INDUSTRIAL AREA PEENYA, BENGALURU-560058 KARNATAKA, REPRESENTED BY ITS DIRECTOR

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ALSO THROUGH TAKRAF INDIA PRIVATE LIMITED REGISTERED ADDRESS-94/3 T T K ROAD, ALWARPET, CHENNAI - 600 018.

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... RESPONDENT

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(By SRI.H. PRAVEEN KUMAR APPAYYA, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS COURT TO ISSUE AN ORDER FOR APPOINTMENT OF SOLE ARBITRATOR UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W CLAUSE 19 OF THE SUB CONTRACT AGREEMENT DATED 24/07/2018 (ANNEXURE-B).

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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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The parties have signed the Sub-Contract Agreement dated 24.07.2018 which incorporates an agreement for resolution of dispute by arbitration. The petitioner who is the Sub-Contractor has issued Notice dated 09.02.2022 for commencement of the arbitration proceedings suggesting a former Judge of this Court as its nominee Arbitrator.

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Though the respondent has issued, what must be construed as an interim reply on 22.03.2022, there is no further response. In fact, Sri. H. Praveen Kumar, learned counsel for the respondent, submits that a sole Arbitrator can be appointed, but given the nature of the dispute, a retired District Judge may be appointed as the sole Arbitrator to enter reference of the dispute and for conduct of the proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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It is seen from the Notice dated 09.02.2022 that the petitioner has raised a claim for sum of Rs.1,52,08,692/- for the bills submitted, and this Court is of the considered view that a retired District Judge could be appointed as the sole Arbitrator to enter reference of the dispute to conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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ORDER

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[a] The petition is allowed;

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[b] Sri. Ashok L Pujar, retired District Judge, No.760, Someshwar, 14th Main, Judicial Layout, G.K.V.K. Post, Bengaluru - 560 065, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and

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International), Bengaluru;

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[c] The Registry is directed to communicate this order to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, and Sri.Ashok L

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Pujar, retired District Judge, No.760, Someshwar, 14th Main, Judicial Layout, G.K.V.K. Post, Bengaluru -560 065, 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/-

Suryodaya Infra Projects (I) Private Limited v. Tenova India Private Limited

Case brief

What is this about?

What did the court decide?

Suryodaya Infra Projects (I) Private Limited v. Tenova India Private Limited

Case brief

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What did the court decide?

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