In a civil miscellaneous petition filed under Section 11(4) of the Arbitration and Conciliation Act 1996, the High Court of Karnataka rejected the application to appoint a retired District Judge as an arbitrator due to the petitioner's continued absence and lack of response from the petitioner.
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.
NC: 2023:KHC:42671 CMP No. 114 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
CIVIL MISC. PETITION NO. 114 OF 2022
BETWEEN:
MR SHARANESH K S N AGED 26 YEARS PROPRIETOR SHARAN KOTAGI VENTURES NO.502 F BLOCK NCC URBAN MEADOWS PHASE II SY NO.81/82 DODDABALLAPURA ROAD PUTTENAHALLI VILLAGE YELAHANKA BANGALORE.
…PETITIONER
(BY SRI. SUDEEP V C., ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:42671 CMP No. 114 of 2022
…RESPONDENTS
(BY SMT. NIVEDITHA PRAKASH, ADVOCATE)
THIS CIVIL MISC. PETITION UNDER SEC.11(4) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A RETIRED DISTRICT JUDGE AS ARBITRATOR TO RESOLVE THE DISPUTES BETWEEN THE PARTIES HERETO BY ARBITRATION AND ETC.
NC: 2023:KHC:42671 CMP No. 114 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the petitioner.
The learned counsel for the respondents on 19.07.2022 has placed on record a copy of the agreement with the petitioner stating that this agreement brings about a complete settlement of inter se disputes. The petition was adjourned on that day and on the later date for response from the petitioner. It is obvious from the continued absence, that the submissions by the learned counsel for the respondents is not disputed. Hence, the petition stands rejected.
The office is directed to return the original documents if there is a request by the learned counsel for the petitioner.
AN/-
Sd/JUDGE
1 issue framed by the court
Whether to appoint a retired District Judge as arbitrator in the civil miscellaneous petition filed under Section 11(4) of the Arbitration and Conciliation Act 1996.
MR SHARANESH K S N
M/S RYAN FOODS LLP
MRS ASMATH JAYASHREE
MR KIRAN ASMATH
MR ARUN ASMATH
B M SHYAM PRASAD
As recorded by the court registry
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