Allowed

Geo-Marine Associates v. Nuclear Power Corporation of India Ltd.

Karnataka HC16 Nov 2023CMP/100002/2020

Case brief

AI extract

What is this about?

This order appoints a sole arbitrator in a civil petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for a new dispute between the parties and notes that the validity of a plea of res judicata lies with the arbitrator.

What did the court decide?

Appointment of Shri H.R. Deshpande as the sole arbitrator to decide the dispute between the parties.

Geo-Marine Associates Vs Nuclear Power Corporation of India Ltd. — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC-D:13324 CMP No. 100002 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN CIVIL MISC PETITION NO. 100002 OF 2020 (-)

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BETWEEN:

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GEO-MARINE ASSOCIATES, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI PREETAM S/O. JAYARAM MASURKAR, AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O: KARWAR, TQ: KARWAR, DIST: UTTARA KANANDA.

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…PETITIONER

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(BY SRI VEERESH R. BUDIHAL, ADVOCATE)

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AND:

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NUCLEAR POWER CORPORATION OF INDIA LIMITED, REPRESENTED BY ITS ENGINEER-IN-CHARGE (CIVIL-TS), KAIGA GENERATING STATION, KAIGA-581 400.

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ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

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…RESPONDENT (BY SRI J.S. SHETTY, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO A COMPETENT PERSON BE SELECTED AS A SOLE ARBITRATOR FOR ARBITRATING THE CONTROVERSIES/DISPUTES/ISSUES EMERGING BETWEEN THE PETITIONER AND THE RESPONDENT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:13324 CMP No. 100002 of 2020

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ORDER

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The petitioner and the respondent had entered into an agreement wherein the petitioner was required to carryout certain construction work as required by the respondent. It is not in dispute that the parties had agreed for appointing an arbitrator in case of any dispute between the parties. The petitioner has raised a dispute with the respondent and has issued notice in this regard invoking the arbitration clause and as the same has not been replied, the present petition is filed.

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The advocate for the respondent submits that

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the dispute has already been referred to an arbitrator and arbitral award has already been passed and the present dispute is barred by res judicata, under the circumstance, the question of appointing another arbitrator for the same dispute does not arise.

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Per contra, advocate for the petitioner submits

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that there have been several disputes between the parties

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3 - NC: 2023:KHC-D:13324 CMP No. 100002 of 2020

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and with regard to one such dispute, arbitrator has been appointed. Now, there is another dispute that has arisen and the said dispute was not part of the earlier dispute and under the circumstance, arbitrator needs to be appointed.

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The question as of whether the dispute is barred by res judicata or not has to be decided by the arbitrator himself. The respondent is at liberty to raise all the contentions as it deems before the arbitrator. Under these proceedings, once there was an arbitration agreement between the parties and there is a dispute before the same and hence, an arbitrator has to be appointed by this Court.

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In the course of arguments, both the parties agree upon Shri H.R.Deshpande, retired District Judge, “Sri Kamala”, HIG No. 76, 3^rd Main, 8^th ‘E’ Cross, KHB Colony, (Lakamanahalli 2^nd Stage), Vidyagiri, Dharwad – 580004, Mobile No.9480428151, be appointed as sole

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4 - NC: 2023:KHC-D:13324 CMP No. 100002 of 2020

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arbitrator to decide the dispute between the parties. Hence, the following:

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ORDER

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Shri H.R.Deshpande, retired District Judge, “Sri Kamala”, HIG No. 76, 3^rd Main, 8^th ‘E’ Cross, KHB Colony, (Lakamanahalli 2^nd Stage), Vidyagiri, Dharwad – 580004, Mobile No.9480428151 is hereby appointed as sole arbitrator to decide the dispute between the petitioner and the respondent.

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Registry is directed to intimate a copy of this order to Shri H.R.Deshpande, retired District Judge, “Sri Kamala”, HIG No. 76, 3^rd Main, 8^th ‘E’ Cross, KHB Colony, (Lakamanahalli 2^nd Stage), Vidyagiri, Dharwad – 580004, Mobile No.9480428151.

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The petition is disposed off accordingly.

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Sd/JUDGE

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List No.: 1 Sl No.: 10

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Geo-Marine Associates v. Nuclear Power Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

Geo-Marine Associates v. Nuclear Power Corporation of India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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