The petitioner sought appointment of a sole arbitrator under Section 11. The court held that the legal notice did not name the arbitrator, violating statutory requirements, and disposed of the petition.
The petition was disposed of with liberty to file a fresh petition after issuance of the notice in compliance with the provisions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD
CMP NO.472 OF 2022
BETWEEN:
PAVITHRA EDUCATION SOCIETY BHAVANI ROAD, HEBBAGODI, ANEKAL TALUK, BENGALURU-99, REPRESENTED BY ITS SECRETARY
…PETITIONER
(BY SRI.SHIVARAMU H.C., ADVOCATE)
AND:
THIRUMENI FINANCE PVT. LTD., SBC 110, "VRTHANA" OUTER RING ROAD, SERVICE ROAD, HRBR LAYOUT, 3RD BLOCK, KALYANA NAGAR, BENGALURU - 560043
…RESPONDENT
(SERVED-UNREPESENTED)
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING FOR APPOINTMENT OF THE SOLE ARBITRATOR IN ORDER TO AJDUDICATE THE DISPUTE BETWEEN THE PETITIOINER AND THE RESPONDENT, ETC.,
THIS CIVIL MISC. PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
The petitioner relies on the arbitration clause as contained in the subject Loan Agreement, and this arbitration Clause contemplates appointment of a sole Arbitrator. However, it is seen from the legal notice dated 28.04.2022 that the petitioner has not mentioned the name of the sole arbitrator to enter reference of the dispute and therefore, this notice would not be in compliance with the provisions of Section 11 of the Arbitration and Conciliation Act, 1996.
Subject to all just exceptions in law, the petition stands disposed of with liberty to the petitioner to file a fresh petition after issuance of the notice in compliance with the aforesaid provision if the occasion arises.
SD/JUDGE
MKM
1 issue framed by the court
Whether the legal notice issued by the petitioner complied with Section 11 requirements for appointing a sole arbitrator.
1 provisions across 1 enactments
Pavithra Education Society
Thirumeni Finance Pvt. Ltd.
B.M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
