Allowed

Sri Ashok Patil K v. M/S Future Supply Chain Solutions Limited

Karnataka HC26 Jul 2023CMP/113/2023

Case brief

AI extract

What is this about?

The court, on the petitioner's application under Section 11(6) of the Arbitration and Conciliation Act, 1996, accepted that statutory requirements were met and the respondent remained silent. The court appointed a retired District Judge as the sole arbitrator to resolve a dispute arising from a Leave and License Agreement.

What did the court decide?

Appointment of Sri Nabirasul S Mamadapur, retired District Judge, as sole arbitrator to enter reference and conduct proceedings.

Sri Ashok Patil K Vs M/S Future Supply Chain Solutions Limited — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:25955 CMP No. 113 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS CIVIL MISC. PETITION NO. 113 OF 2023

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BETWEEN:

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SRI. ASHOK PATIL. K, S/O LATE ANANTHAIAH PATIL, AGED ABOUT 65 YEARS, #31, DEFENCE COLONY, HESARAGHATTA ROAD, BENGALURU - 560 073.

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…PETITIONER

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(BY SRI. MANJUNATHA H. A., ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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M/S FUTURE SUPPLY CHAIN SOLUTIONS LIMITED, REGISTERED COMPANY, REGISTERED OFFICE AT KNOWLEDGE HOUSE, SHYAM NAGAR, OFF. JOGESHWARI-VIKHROLI LINK ROAD, JOGESHWARI, MUMBAI - 400 060. REPRESENTED BY ITS MANAGING DIRECTOR.

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…RESPONDENT

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(RESPONDENT SERVED - UNREPRESENTED)

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THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT MR. LAKSHMAN RAO MISKIN, RETD.

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NC: 2023:KHC:25955 CMP No. 113 of 2023

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DISTRICT JUDGE OR ANY OTHER RETIRED DISTRICT JUDGE AS SOLE ARBITRATOR TO REDRESS THE EXISTING DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE SEC. 11 (6) OF ARBITRATION AND CONCILIATION ACT AND FURTHER BE PLEASED TO GRANT SUCH OTHER APPROPRIATE ORDERS, RELIEFS, DIRECTIONS AS THE CASE MAY BE DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

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

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ORDER

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R.DEVDAS J., (ORAL):

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This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator to resolve the dispute between the parties of the Leave and License Agreement dated 13.11.2021 at Annexure-F.

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Learned counsel for the petitioner submits that the parties herein entered into a Leave and License Agreement dated 13.11.2021 at Annexure-F. The petitioner who is owner of the premises, granted the premises on leave and license to the respondent and the respondent agreed to pay the license fees every month for the usage of the premises. Nevertheless, on default on the part of the respondent, demand notices were

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3 - NC: 2023:KHC:25955 CMP No. 113 of 2023

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issued by the petitioner. Attention of this Court is drawn to Annexure-G and H. Thereafter, the petitioner invoked the arbitration clause contained in the clause 15 of the agreement and issued notice on 03.02.2023 at Annexure-K nominating a sole arbitrator and called upon the respondent to accept the nomination and come forward for resolution of the dispute. However, although the respondent has received the notices, the respondent has not responded and therefore, the petitioner before this Court.

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Though notices were served on the respondent, there is no representation for the respondent.

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Since, there is no contest to the claim made by the petitioner and since this Court is satisfied, having gone through the material available on record that petitioner has complied with the requirement in terms of Section 11(6) of the Arbitration and Conciliation Act, accordingly, this Court proceeds to pass the following order:

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ORDER

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(a) The petition is allowed appointing Sri Nabirasul S Mamadapur, retired District Judge as the Arbitrator to enter reference of

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NC: 2023:KHC:25955 CMP No. 113 of 2023

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the disputes between the petitioner and the respondent and conduct proceeding at Bengaluru according to the rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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(b) All contentions inter se parties are left open for adjudication in the arbitration proceedings.

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(c) The office is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and to Sri Nabirasul S Mamadapur, retired District Judge as required under the Arbitration and Conciliation Centre Rules, 2012.

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Sd/JUDGE

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DSP

Sri Ashok Patil K v. M/S Future Supply Chain Solutions Limited

Case brief

What is this about?

What did the court decide?

Sri Ashok Patil K v. M/S Future Supply Chain Solutions Limited

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

Coram

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