Disposed

M/S Orb Energy Private Ltd. v. Sri Durga Malleswari Education Society

Karnataka HC21 Jul 2022CMP/454/2022

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a petition for appointing a sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996, allowing the petitioner to revive the petition if the respondents fail to pay the disputed sum within eight weeks.

What did the court decide?

Petition disposed with liberty to petitioner to revive if respondents fail to pay Rs. 2,97,000/- within eight weeks or file affidavit of undertaking within a week.

M/S Orb Energy Private Ltd. Vs Sri Durga Malleswari Education… — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^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.454/2022

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BETWEEN :

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M/S ORB ENERGY PRIVATE LTD HAVING ITS OFFICE AT NO.95, DIGITAL PARK ROAD 2^ND STAGE, YESHWANTHPURA BENGALURU - 560 022 REPRESENTED BY ITS AUTHORISED SIGNATORY MR B SIVARAJU.

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... PETITIONER

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(By SMT.AKSHATA SHARMA., ADVOCATE)

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AND :

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SRI DURGA MALLESWARI EDUCATION SOCIETY NO.39-17-8, SIVANANDA STREET LABBIPETA, VIJAYAWADA ANDHRA PRADESH - 520 010 REPRESENTED BY ITS CHAIRMAN.

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MR KOMMURU SREEDHAR NO.154-18-6, IV FLOOR BLU SKY APARTMENT SIVAPURAM COLONY BESIDE LIC COLONY VIJAYAWADA ANDHRA PRADESH-520 010.

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... RESPONDENTS (By SMT.SUNANDA SARKAR., ADVOCATE FOR

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SRI. RAHUL S. REDDY, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC. 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE, WHICH HAS ARISEN REGARDING THE NON-PAYMENT OF THE LAST EMI INSTALLMENT, IN TERMS OF THE ARBITRATION CLAUSE CONTAINED IN THE CREDIT SALE AGREEMENT DATED 14/03/2017.

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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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It is undisputed that the petitioner is entitled to recover certain dues from the first respondent, who is represented by its Ex-Chairperson, Dr. R.Venkata Rao and Sri Kommuru Sreedhar (the second respondent). The respondents have paid substantial amount except for a sum of Rs.2,97,000/- and the petitioner, who has the advantage of the undisputed arbitration agreement, has filed this petition for appointment of a sole arbitrator to enter reference of the dispute.

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Ms. Sunanda Sarkar, the learned counsel for the respondents, is categorical that the respondent would avoid arbitration proceedings and tender even the last amount to Rs.2,97,000/- if a reasonable time is granted. When queried, she submits that both the Chairperson, Dr. R.Venkata Rao and Sri.Kommuru Sreedhar (the second respondent) would file an affidavit in this regard within a week from today and the amount of Rs.2,97,000/- would be credited directly to the petitioner's account within a period of eight weeks.

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Ms. Akshata Sharma is also heard in the light of these submissions, and this Court is of the considered view that the petition must be disposed of with liberty to the petitioner to revive this petition in the event there is failure on the part of the respondents either to file an affidavit of undertaking to credit Rs.2,97,000/- to the petitioner’s account within eight weeks or failure to credit the amount.

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With such liberty, the petition stands disposed of and the respondents are permitted to file an affidavit, as aforesaid, within a week from today without waiting for certified copy of this order.

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SD/JUDGE

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SA/Ct:sr

M/S Orb Energy Private Ltd. v. Sri Durga Malleswari Education Society

Case brief

What is this about?

What did the court decide?

M/S Orb Energy Private Ltd. v. Sri Durga Malleswari Education 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

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