Disposed

M/S. Ramya Reprographic Pvt. Ltd., v. Smt. Bindu. P

Karnataka HC18 Jul 2022CMP/443/2022

Case brief

AI extract

What is this about?

The Karnataka High Court considered a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointing an arbitrator. The court held that the notice issued by the petitioner failed to satisfy statutory requirements. The petition was disposed without prejudice, granting liberty to file a fresh petition after issuing a proper notice.

What did the court decide?

The petition was disposed of; liberty granted to issue fresh notice and file a fresh petition.

M/S. Ramya Reprographic Pvt. Ltd., Vs Smt. Bindu. P — Specific Performance | 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 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.443/2022

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BETWEEN :

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M/S. RAMYA REPROGRAPHIC PVT. LTD., REPRESENTED BY MANAGING DIRECTOR, SRI NARENDRA RAMA REDDY, AGED ABOUT 52 YEARS, REGISTERED OFFICE AT NO.16/2B, SINGASANDRA VILLAGE, AECS LAYOUT ENTRANCE, BEHIND DAKSHIN HONDA SHOWROOM, KUDLU, HOSUR ROAD, BANGALORE - 560 068.

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RESIDENTIAL ADDRESS, S/O B.RAMA REDDY, RAMYA, NO.L136, 4^TH MAIN, 15^TH CROSS, HSR LAYOUT, 6^TH SECTOR, BANGALORE - 560 102.

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SRI GANESH MURTHY M AGED ABOUT 47 YEARS, PROPRIETOR, M/S J.G. PACKS, NO.46/2, NEAR NANDI TOYOTA, GARVEBHAVI PALYA, HOSUR MAIN ROAD, BANGALORE - 560 068.

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RESIDENTIAL ADDRESS S/O K.M. MADHAIYAN NAIDU, NO.31/6, 6^TH CROSS, 2^ND MAIN, HOSUR ROAD, OM SHAKTI LAYOUT, NEAR OM SHAKTI TEMPLE, GARVEBHAVI PALYA, BANGALORE SOUTH, BANGALORE - 560 068.

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SRI RAJA V AGED ABOUT 46 YEARS, MANAGING PARTNER, M/S MAGNUM LABEL, NO.39, BHANU NURSING HOME ROAD BOMMANAHALLI, HOSUR ROAD BANGALORE - 560 068. RESIDENTIAL ADDRESS S/O E.D. VASU, NO. 523,29^TH A MAIN JAYANAGAR 9^TH BLOCK BANGALORE - 560 069.

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... PETITIONERS (By SRI. RAVINDRA BABU K C., ADVOCATE)

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AND :

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SMT. BINDU. P W/O DHANASHEKAR REDDY B N, AGED ABOUT 29 YEARS, R/AT NO.2375, 1^ST MAIN, RPC LAYOUT, HAMPI NAGAR, BANGALORE-560 104. ALSO RESIDING AT D/O T.PRAKASH REDDY, NO.3/1A, HULIMAVU POST, NEAR RAMA TEMPLE, BANNERGHATTA ROAD, BENGALURU - 560 076. ... RESPONDENT (By SRI.A. HANUMANTHAPPA.,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 SOLE ARBITRATOR TO RESOLVE THE DISPUTE AS PER CLAUSE 10 OF THE AGREEMENT OF SALE DATED 28/08/2019 FOR ADJUDICATION OF ALL THE DISPUTES THAT HAS ARISEN BETWEEN THEM AS PER ANNEXURE-C.

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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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This petition will have to be disposed of on the short ground that though the arbitration agreement inter se parties cannot be disputed, the notice issued by petitioner-purchaser under the aforesaid Agreement vide legal Notice dated 24.02.2022 would not satisfy the requirements of either Section 11[5] or 11[6] of the Arbitration and Conciliation Act, 1996. As such, the petition stands disposed of with liberty to issue fresh notice as would be required in law and file a fresh petition if necessary.

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The registry is also directed to return the original Agreement to the learned counsel for the petitioner.

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Sd/JUDGE

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AN/-

M/S. Ramya Reprographic Pvt. Ltd., v. Smt. Bindu. P

Case brief

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M/S. Ramya Reprographic Pvt. Ltd., v. Smt. Bindu. P

Case brief

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