Allowed

New Bonanza Impex Private Limited v. Scholar Alley Private Limited

Karnataka HC6 Nov 2023CMP/244/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a petition filed under Section 11(4) of the Arbitration and Conciliation Act, 1996. The court appointed a retired District Judge as the sole arbitrator to resolve disputes arising between the petitioner and respondent based on an agreement dated 13.05.2019.

What did the court decide?

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

New Bonanza Impex Private Limited Vs Scholar Alley Private… — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:39341 CMP No. 244 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 244 OF 2020

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BETWEEN:

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NEW BONANZA IMPEX PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT 31-A, NOBLE CHAMBERS, 4^TH FLOOR JANMABHOOMI MARG FORT MUMBAI-400001, MAHARASHTRA DULY REPRESENTED BY ITS DIRECTOR MR SANJAY PADODE. …PETITIONER

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(BY MS. ANJU NAIR., 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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SCHOLAR ALLEY PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT NO.184, RAM VIHAR MAIN ROAD SHAHDARA GATE NO.3 DELHI(EAST)-110002 DULY REPRESENTED BY ITS DIRECTOR MR ANNU TALREJA.

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…RESPONDENT

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(BY SRI.SRIVATSA RAO., ADVOCATE)

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NC: 2023:KHC:39341 CMP No. 244 of 2020

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(4) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL BY THE APPOINTMENT OF MR. ABHINAV RAMANAND, ADVOCATE, OR ANY OTHER FIT AND PROPER PERSON, AS A SOLE ARBITRATOR FOR THE RESOLUTION OF DISPUTES AND CLAIMS ARISEN BETWEEN THE PARTIES UNDER THE AGREEMENT (BEING ANNEXURE A HERETO) AS UNDER CLAUSE 16.2 OF THE AGREEMENT DATED 13/05/2019.

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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 appointment of a sole Arbitrator relying upon the agreement for arbitration in the Agreement for Use of Amenities dated 13.05.2019. The petitioner has caused notice dated 04.09.2020 invoking the arbitration clause. The learned counsel for the parties are heard in the light of the afore, and the learned counsel for the respondent submits that the petition could be allowed appointing a former District Judge as the sole Arbitrator without prejudice to the respondent’s

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NC: 2023:KHC:39341 CMP No. 244 of 2020

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defense on merits otherwise. In the light of the afore,

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the following:

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ORDER

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[a] The petition is allowed;

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[b] Sri. S Siddalingesh, 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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[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. S Siddalingesh, a retired District Judge, Address: No.759, 14^th Main, Judicial Layout, G.K.V.K. Post, Bengaluru – 560 065 [E-mail [email protected]] as

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NC: 2023:KHC:39341 CMP No. 244 of 2020

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required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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[d] The registry to return the original documents filed along with the petition to the learned counsel for the petitioner.

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SD/JUDGE

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AN/-

New Bonanza Impex Private Limited v. Scholar Alley Private Limited

Case brief

What is this about?

What did the court decide?

New Bonanza Impex Private Limited v. Scholar Alley 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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