Allowed

M/S Tenon Facility Management India Pvt. Ltd. v. G Vanitha

Karnataka HC13 Oct 2023CMP/153/2021

Case brief

AI extract

What is this about?

Two Civil Miscellaneous Petitions under Section 11(6) of the Arbitration and Conciliation Act, 1996, were filed by tenants seeking appointment of an arbitrator against a landlord regarding a security deposit dispute.

What did the court decide?

Appointment of Sri. Radhakrishna Holla K. as the sole Arbitrator to enter reference of the dispute and conduct proceedings.

M/S Tenon Facility Management India Pvt. Ltd. Vs G Vanitha — Arbitration | Karnataka HC (2023)

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1 - NC: 2023:KHC:37483 CMP No. 153 of 2021 C/W CMP No. 154 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 153 OF 2021

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C/W

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CIVIL MISC. PETITION NO. 154 OF 2021

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IN CMP No.153/2021 BETWEEN:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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M/S TENON FACILITY MANAGEMENT INDIA PVT LTD (CIN NO.U45400HR2007PTC037415) REGISTERED OFFICE AT PLOT NO.13, SECTOR 18 ELECTRONIC CITY, GURGAON-122015 REPTND BY MR ZAFAR NAWAZ KHAN SENIOR MANAGER PUBLIC LIASONING) …PETITIONER (BY SRI. S.VIVEKANANDA, ADVOCATE) AND:

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MRS. G VANITHA LANDLADY OF THE PREMISES W/O M RAMESH KUMAR VANGALAHALLI H R S LAYOUT SECTOR-1 BENGLAURU-560102 …RESPONDENT (BY SRI. G.V.SHASHI KUMAR, ADVOCATE)

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NC: 2023:KHC:37483 CMP No. 153 of 2021 C/W CMP No. 154 of 2021

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR HAVING AS PER THE RENT AGREEMENT DATED 12/09/2019 (ANNEXURE-B) FOR ADJUDICATION OF THE DISPUTE AROSE BETWEEN THE PARTIES TO THE PRESENT PETITION.

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IN CMP No.154/2021 BETWEEN:

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M/S PEREGRINE GUARDING PRIVATE LIMITED (CIN NO.U74920DL2003PTC122546) REGISTERED OFFICE AT PLOT NO.13, SECTOR 18 ELECTRONIC CITY, GURGAON-122015 REPTND BY MR ZAFAR NAWAZ KHAN SENIOR MANAGER PUBLIC LIASONING)

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…PETITIONER

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(BY SRI. S.VIVEKANANDA, ADVOCATE)

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AND:

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MRS. G VANITHA LANDLADY OF THE PREMISES W/O M RAMESH KUMAR VANGALAHALLI H R S LAYOUT SECTOR-1 BENGLAURU-560102

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…RESPONDENT (BY SRI. G.V.SHASHI KUMAR, ADVOCATE)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR HAVING AS PER THE RENT AGREEMENT DATED

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3 - NC: 2023:KHC:37483 CMP No. 153 of 2021 C/W CMP No. 154 of 2021

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12/09/2019 (ANNEXURE-B) FOR ADJUDICATION OF THE DISPUTE AROSE BETWEEN THE PARTIES TO THE PRESENT PETITION.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in both these petitions were in possession of the corresponding subject properties as tenants under the common respondent. The dispute is because the petitioners contend that on handing over the vacant possession of the respective properties, they would be entitled to refund of security deposit paid and such other claims, but the respondent has refused to honor them.

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The petitioners rely upon unregistered rental agreements which required proper stamping. Pursuant to the orders of this Court in the present proceedings, the petitioners have paid the deficit stamp duty with penalty, and the learned Registrar [Judicial] is called upon to take further action as contemplated under the provisions of Section 37(1) of

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4 - NC: 2023:KHC:37483 CMP No. 153 of 2021 C/W CMP No. 154 of 2021

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the Karnataka Stamp Act, 1957 with certain liberty to the petitioners as is permissible in law.

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The learned counsels for the parties are heard for final disposal, and it is obvious from their submissions that the jural relationship is not disputed and the agreement for arbitration is also not disputed. The learned counsel for the respondent proposes to argue that because the agreement for arbitration is in rental agreements which should have been registered but is not, the agreement for arbitration cannot be acted upon for the purposes of Section 11 of the Arbitration and Conciliation Act 1996.

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However, this Court is not persuaded inasmuch as it is not contested that the agreement for arbitration does not per se require registration, and at this stage, the learned counsel for the respondent emphasizes that the respondent must be at liberty to contend that the respective rental

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5 - NC: 2023:KHC:37483 CMP No. 153 of 2021 C/W CMP No. 154 of 2021

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agreements because they are unregistered cannot be permitted to be introduced in evidence.

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circumstances, this Court must appoint a common Arbitrator to enter reference of the dispute, and insofar as the contention that the rental agreements cannot be introduced in evidence, it would suffice for this Court to observe that it would be an aspect that must be considered by the learned Arbitrator. In the light of the afore, the following:

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ORDER

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a. The petitions are allowed.

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b. Sri. Radhakrishna Holla K, a retired

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District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the respondent

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and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru

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according to the Rules governing the Centre.

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c. The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri. Radhakrishna Holla K, a retired District Judge, Address: No.12, 1^st Floor, Vishwas Apartment, 5^th Main, 11^th Cross, Malleshwaram, Bengaluru-560 003 [E-mail: [email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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Sd/JUDGE

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M/S Tenon Facility Management India Pvt. Ltd. v. G Vanitha

Case brief

What is this about?

What did the court decide?

M/S Tenon Facility Management India Pvt. Ltd. v. G Vanitha

Case brief

What is this about?

What did the court decide?

What the court decided

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