Dismissed

M/S Pranava Electronics Private Limited v. M/S Arvind Limited

Karnataka HC3 Nov 2023CMP/236/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of civil miscellaneous petitions filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, for appointment of a sole arbitrator. Upon reviewing joint memos, the Court found the dispute settled via Demand Drafts and disposed of the petitions.

What did the court decide?

Both Civil Misc. Petitions for appointment of arbitrator were disposed of on the ground that the dispute had been settled via Demand Drafts acknowledged in joint memos.

M/S Pranava Electronics Private Limited Vs M/S Arvind Limited — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:39066 CMP No. 236 of 2022 C/W CMP No. 552 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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CIVIL MISC. PETITION NO. 236 OF 2022

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C/W CIVIL MISC. PETITION NO. 552 OF 2021

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IN CMP NO. 236/2022

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BETWEEN:

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M/S PRANAVA ELECTRONICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 101, EDEN PARK, NO.20, VITTAL MALLYA ROAD BANGALORE - 560 001 REPRESENTED BY ITS DIRECTOR MR S R AJIT.

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

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M/S KANYA INVESTMENTS PRIVATE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.70/1, SHANKAR MUTT MAIN ROAD SHANKARPURAM, BANGALORE - 560 004 REPRESENTED BY ITS DIRECTOR MRS. KANYA KUMARI MR. KUSUMA KAUSHIK.

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MR. D L N RAO ALSO KNOWN AS MR. DODDI LAKSHMI NARAYANA RAO AGED 70 YEARS S/O LATE MR. DODDI GUNDU RAO, NO.09, AECS LAYOUT RMV 2^ND STAGE, SANJAYNAGAR BANGALORE – 560 094.

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…PETITIONERS

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(BY SRI. AJESH KUMAR S.,ADVOCATE)

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NC: 2023:KHC:39066 CMP No. 236 of 2022 C/W CMP No. 552 of 2021

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AND:

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M/S ARVIND LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT ARVIND LIMITED PREMISIS RAILWAYPURA POST NARODA RADM AHMEDABAD - 380 025 CORPORATE OFFICE AT ARVIND INTERNET A DIVISION OF ARVIND LIMITED AT 4^TH FLOOR, RAHEJA POINT, COMMISSARIAT ROAD BANGALORE - 560 025

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REPRESENTED BY ITS CTO MR. MANJUNATH SOMASHEKARARADHYA

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…RESPONDENT (BY SRI. MANEESHA KONGOVI.,ADVOCATE)

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THIS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONRS AND RESPONDENT HEREIN WITH REFERENCE TO THE CLAIMS MADE BY THE PETITIONERS IN THEIR LEGAL NOTICES DATED 17.03.2021 AND 19.03.2021 AS PER ANNEXURE-C AND D IN PURSUANCE TO CALUSE 27 OF THE LEASE DEED DATED 19.09.2019 APPENDED AT ANNEXURE-A.

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IN CMP NO. 552/2021

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BETWEEN:

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M/S PRANAVA ELECTRONICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT

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3 - NC: 2023:KHC:39066 CMP No. 236 of 2022 C/W CMP No. 552 of 2021

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101, EDEN PARK, NO.20 VITTAL MALLYA ROAD BANGALORE - 560 001 REPRESENTED BY ITS DIRECTOR MR S R AJIT.

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M/S KANYA INVESTMENTS PRIVATE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.70/1, SHANKAR MUTT MAIN ROAD SHANKARPURAM BANGALORE - 560 004 REPRESENTED BY ITS DIRECTOR MRS. KANYA KUMARI MR. KUSUMA KAUSHIK.

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MR. D L N RAO ALSO KNOWN AS MR. DODDI LAKSHMI NARAYANA RAO AGED 70 YEARS S/O LATE MR. DODDI GUNDU RAO, NO.09, AECS LAYOUT RMV 2^ND STAGE, SANJAYNAGAR BANGALORE - 560 094.

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…PETITIONERS

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(BY SRI. AJESH KUMAR S.,ADVOCATE)

AND:

NC: 2023:KHC:39066 CMP No. 236 of 2022 C/W CMP No. 552 of 2021

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4^TH FLOOR, RAHEJA POINT, COMMISSARIAT ROAD BANGALORE - 560 025

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REPRESENTED BY ITS CTO MR. MANJUNATH SOMASHEKARARADHYA

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…RESPONDENT

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(BY SRI. MANEESHA KONGOVI.,ADVOCATE)

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THIS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONRS AND RESPONDENT HEREIN WITH REFERENCE TO THE CLAIMS MADE BY THE PETITIONERS IN THEIR PURSUANCE TO CLAUSE 27 OF THE LEASE DEED DATED 19.09.2019 APPENDED AT ANNEXURE-A.

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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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These petitions are filed for appointment of the sole arbitrator, and presently, a joint memo is filed in each of these petitions. It is seen from the terms of the joint memos that the respondent has handed over certain Demand Drafts in full and final settlement of all the claims to the petitioners, and the petitioners have acknowledged the same. If the dispute is thus resolved, the petitions must be disposed of taking the submissions in this regard on record.

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NC: 2023:KHC:39066 CMP No. 236 of 2022 C/W CMP No. 552 of 2021

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The petitions stand disposed of accordingly.

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The office is directed to return the original Lease

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Deeds to the learned counsel for the petitioners.

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SD/JUDGE

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SA ct:sr

M/S Pranava Electronics Private Limited v. M/S Arvind Limited

Case brief

What is this about?

What did the court decide?

M/S Pranava Electronics Private Limited v. M/S Arvind Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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