Dismissed

M/S Nishanth Electricals v. Soi Design and Crest LLP

Karnataka HC17 Jul 2023CMP/242/2023

Case brief

AI extract

What is this about?

In a petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of a sole arbitrator, the Court observed that the arbitration clause was not invoked via service of notice as required by law, and dismissed the petition, reserving liberty to invoke the clause later.

What did the court decide?

Petition for appointment of sole arbitrator dismissed; liberty reserved to issue notice invoking arbitration clause.

M/S Nishanth Electricals Vs Soi Design and Crest LLP — Arbitration | Karnataka HC (2023)

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1 - NC: 2023:KHC:24720 CMP No. 242 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^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. 242 OF 2023

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BETWEEN:

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M/S. NISHANTH ELECTRICALS, OFFICE AT NO. 215, 2^ND MAIN ROAD, 5TH CROSS, ANNAPURNESHWARI NAGARA, NEAR NAGARBHAVI BDA COMPLEX, BENGALURU - 560 091, REPRESENTED BY ITS PROPRIETOR, MR. NISHANTH K, S/O LATE K. N. KITTAPPA.

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…PETITIONER

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(BY SRI. CHETHAN B, ADVOCATE)

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AND:

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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SOI DESIGN AND CREST LLP, "KALA SATWA", A-120, 4TH AVENUE, SMILEE GREENS, HUSKUR ROAD, BENGALURU - 560 099, REPRESENTED BY ITS PROPRIETOR, MR. MADHAVARAJ V SIRSI.

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…RESPONDENT

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THIS CIVIL MISC. PETITION UNDER SEC.11 (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO A. EXERCISE THE POWER UNDER SECTION 11 (6) OF THE

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2 - NC: 2023:KHC:24720 CMP No. 242 of 2023

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ARBITRATION AND CONCILIATION ACT, 1996 CLAUSE 17 AND DATED 17/03/2020 ANNEXURE-A FOR APPOINTMENT OF THE SOLE ARBITRATOR AS PRAYED FOR BY THE PETITIONER IN ORDER TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT IN THE INTEREST OF JUSTICE 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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Having heard the learned counsel for the petitioner,

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this Court finds that although the legal notice dated 16.01.2023 was got issued by the petitioner, calling upon the respondent to pay a sum of Rs.1,00,65,886/- within a period of 15 days from the date of receipt of the notice, however, the arbitration clause has not been invoked. There is non-compliance with the requirement of subsection (4) of Section 11 of the Arbitration and Conciliation Act, 1996.

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NC: 2023:KHC:24720 CMP No. 242 of 2023

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Consequently, civil miscellaneous petition stands

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dismissed. However, the liberty is reserved to the petitioner, to issue notice invoking the arbitration clause,

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subject to the law of limitation.

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Sd/JUDGE

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CT: BHK

M/S Nishanth Electricals v. Soi Design and Crest LLP

Case brief

What is this about?

What did the court decide?

M/S Nishanth Electricals v. Soi Design and Crest LLP

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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