Allowed

M/S Pjb Engineers Private Limited v. the Commissioner

Karnataka HC13 Jul 2023CMP/214/2023

Case brief

AI extract

What is this about?

The High Court allowed a civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, appointing an arbitrator to resolve disputes between the petitioner and the respondent according to the Arbitration and Conciliation Centre Rules, 2012.

What did the court decide?

Appointment of Hon'ble Mr. Justice Shri. Ashok B Hinchigeri as sole arbitrator to conduct proceedings at Bengaluru.

M/S Pjb Engineers Private Limited Vs the Commissioner — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:24239 CMP No. 214 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^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. 214 OF 2023

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BETWEEN:

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M/S. PJB ENGINEERS PRIVATE LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, 143, RATHNA RICHMOND ROAD, BENGALURU, KARNATAKA - 560 025, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. P J BABY.

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…PETITIONER

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(BY SRI. AJAY J NANDALIKE, ADVOCATE)

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AND:

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY (MUDA), JHANSI RANI LAKSHMI BAI ROAD, CHAMARAJAPURA, CHAMARAJAPURAM MOHALLA, LAKSHMIPURAM, MYSURU - 570 005.

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…RESPONDENT

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(BY SRI. T.P. VIVEKANANDA, ADVOCATE)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 READ WITH THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO PASS ORDERS A. APPOINTING THE SOLE

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2 - NC: 2023:KHC:24239 CMP No. 214 of 2023

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ARBITRATOR TO CONSTITUTE THE ARBITRAL TRIBUNAL AND REFER THE DISPUTES TO THE ARBITRAL TRIBUNAL TO BE CONDUCTED AS PER THE ARBITRATION AND CONCILIATION CENTRE RULES, 2012 OF THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU (DOMESTIC AND INTERNATIONAL) AS UNDER THE CLAUSE 4 OF THE SPECIAL CONDITIONS OF CONTRACT READ WITH CLAUSE 24 OF THE AGREEMENT/CONTRACT BEARING NO. MUDA/PB/TN/14/201314/WORK INDENT_823 DATED 'NIL' AT ANNEXURE A AND ETC.

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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 Agreement at Annexure-A.

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Learned counsel for the respondent-MUDA submits

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on instructions that the Civil miscellaneous petition may be allowed and an Arbitrator may be appointed. In that view of the matter, this Court proceeds to pass the following order:

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NC: 2023:KHC:24239 CMP No. 214 of 2023

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ORDER

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(a) The petition is allowed appointing Hon'ble Mr. Justice Shri. Ashok B Hinchigeri, Former Judge, High Court of Karnataka as the Arbitrator to enter reference of 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 Hon'ble Mr. Justice Shri. Ashok B Hinchigeri, Former Judge, High Court of Karnataka as required under the Arbitration and Conciliation Centre Rules, 2012.

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Sd/JUDGE

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CT: BHK

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M/S Pjb Engineers Private Limited v. the Commissioner

Case brief

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M/S Pjb Engineers Private Limited v. the Commissioner

Case brief

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