Allowed

Ntn Trading Ing v. M/S Makviz Online Solutions Private Limited

Karnataka HC10 Oct 2023CMP/160/2021

Case brief

AI extract

What is this about?

In this civil miscellaneous petition under the Arbitration and Conciliation Act, 1996, the petitioner sought appointment of a sole arbitrator after the respondent failed to exercise its statutory right to appoint one under an OEM Supply Agreement. The Court allowed the petition and appointed a retired District Judge.

What did the court decide?

Appointment of Sri. S N Navalgund, Retd. District Judge, as sole Arbitrator to conduct proceedings at the Arbitration and Conciliation Centre, Bengaluru.

Ntn Trading Ing Vs M/S Makviz Online Solutions Private Limited — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:36692 CMP No. 160 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 160 OF 2021

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BETWEEN:

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NTN TRADING ING A PROPRIETROSHIP CONCERN REP THROUGH ITS PROPRIETOR SMT PARAMESWARI HAVING ITS REGISTERED OFFICE AT NO.145A, JEMI NEST APARTMENTS VENUGOPAL STREET MOGAPPAIR WEST CHENNAI-600037.

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…PETITIONER

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(BY SRI. KRISHNAPPAN N., AND SRI. BALAMURGAN K., ADVOCATE)

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AND:

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

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M/S MAKVIZ ONLINE SOLUTIONS PRIVATE LIMITED REGISTERED OFFICE AT NO.134/4, FIRST FLOOR, 2^ND STAGE INDUSTRIAL SUBURB, 3^RD CROSS, 6^TH MAIN, YESWANTHPUR, NEAR TO ESI HOSPITAL BANGALORE-560202 AND ALSO HAVING OFFICE AT NO.208/J, 2^ND FLOOR, 1^ST STAGE 2^ND BLOCK, HBR LAYOUT BANGALORE-560043 REPRESENTED BY AUTHORISED

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NC: 2023:KHC:36692 CMP No. 160 of 2021

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SIGNATORY

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Mr. VASEEM SAYEED.

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…RESPONDENT (VIDE ORDER DATED 07.09.2023 NOTICE TO RESPONDENT H/S)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5 AND 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A) APPOINT AN INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR TO RESOLVE THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF OEM SUPPLY AGREEMENT DATED 14/12/2017 AT ANNEXURE-A IN ORDER TO PASS AN AWARD IN RESPECT THEREOF.

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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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This petition is filed for the appointment of a

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sole Arbitrator relying upon the agreement for arbitration in OEM Supply Agreement dated 14.12.2017 and the Notice dated 13.01.2021. The agreement for arbitration as contained in this OEM Supply Agreement reads as under:

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“Any disputes, differences or question which, may arise at any time hereafter between the

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NC: 2023:KHC:36692 CMP No. 160 of 2021

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seller's and the buyer touching the true construction of this Agreement or the rights and liabilities of the parties hereto, the same shall be referred to the decision of a Sole Arbitrator to be appointed by Director of Makviz Online Solutions Private Limited. in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue of such Arbitration shall be at Bengaluru and the Courts at Bengaluru shall have the exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law.”

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The petitioner, in issuing the Notice dated 13.01.2021, has called upon the respondent to appoint a sole Arbitrator, a privilege retained by the respondent in terms of the Agreement. However, the respondent has not responded, nor has appeared in the present proceedings.

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The petitioner has raised a claim for recovery of Rs.41,01,467/- as on the date of the aforesaid Notice relying upon the terms of the agreement and the

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NC: 2023:KHC:36692 CMP No. 160 of 2021

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details of the purchase order. The respondent, upon receipt of notice, should have appointed the arbitrator but has failed. In the aforesaid circumstances, this Court is of the considered view that the petition must be allowed appointing a retired District as a sole Arbitrator. Hence the following:

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ORDER

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[a] The petition is allowed, and Sri. S N Navalgund, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.

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[b] 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.

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NC: 2023:KHC:36692 CMP No. 160 of 2021

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S N Navalgund, a retired District Judge, Address: N0.2083, 4^th Cross, Judicial Layout, G.K.V.K. Post, Yalahanka, Bengaluru-560 065 [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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[c] The registry is also directed to return the original documents to the learned counsel for the petitioner.

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Sd/JUDGE

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AN/-

Ntn Trading Ing v. M/S Makviz Online Solutions Private Limited

Case brief

What is this about?

What did the court decide?

Ntn Trading Ing v. M/S Makviz Online Solutions Private 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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