Allowed

Colliers International (India) Property Services Private Limited v. Azim Premji University

Karnataka HC4 Dec 2023CMP/307/2021

Case brief

AI extract

What is this about?

The court appointed a retired District Judge as sole arbitrator under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, after parties failed to agree on an appointee. The appointment was initially held, then re-listed to resolve doubts on dispute nature, and finally confirmed upon counsel submission.

What did the court decide?

Appointment of Hon'ble Mr. Justice Ashok B Hinchigeri as sole arbitrator to adjudicate the dispute between the parties.

Colliers International (India) Property Services Private… — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:43509 CMP No. 307 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 307 OF 2021

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BETWEEN:

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COLLIERS INTERNATIONAL (INDIA) PROPERTY SERVICES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT INDIA BULLS FINANCE CENTRE, 17TH FLOOR, NO. 1701, TOWER 3, SENAPATI BAPAT MARG ELPHINSTONE WEST MUMBAI 400013 REPRESENTED BY ITS CFO MR PRASHANTH HEGDE …PETITIONER (BY SRI. ARIHANT R. SUNGAY, 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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AZIM PREMJI UNIVERSITY NO 134 DODDAKKENELLI SARJAPUR ROAD, BENGALURU 560025 REPRESENTED BY ITS CEO MR SUBBACHARYA ANANTH SUDARSHAN …RESPONDENT (BY SRI. MANISH RAO, ADVOCATE FOR SRI. M.V.SUNDARARAMAN, ADVOCATE)

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NC: 2023:KHC:43509 CMP No. 307 of 2021

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND 11 (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN APPROPRIATE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT, IN TERMS OF CLAUSE 15 OF THE AGREEMENT DATED 15/07/2016 (ANNEXURE-A).

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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 sole arbitrator relying upon the agreement for arbitration as contained in the Project Management Consultancy Agreement dated 15.07.2016 [ AnnexureA ]. It is seen from the aforesaid agreement for arbitration that the parties have agreed that if the dispute cannot be resolved by negotiation within thirty [30] days from the date of the dispute being raised, the same shall be referred to a sole arbitrator to be mutually appointed by the parties with the

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NC: 2023:KHC:43509 CMP No. 307 of 2021

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stipulation that the arbitration proceedings shall be at Bengaluru.

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The petitioner has caused legal notice dated 31.03.2021 raising a claim for a sum of Rs.7,59,59,741/- [Rs.1,25,36,767/- + Rs.22,56,618 (Rs.1,25,36,767/- x 18%) + Rs.3,82,26,356/- + Rs.2,29,40,000/-] and invoking the arbitration agreement suggesting the name of a retired District and Sessions Judge. The respondent has caused reply dated 14.04.2021 [ Annexure-E ] denying the claim and refusing to accept the petitioner’s nomination for the appointment of a sole arbitrator.

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The learned counsels for the parties are heard in the light of the afore, and as the agreement for arbitration and the existence of arbitral dispute cannot be disputed, and the failure of consensus is obvious, Hon’ble Mr.Justice Ashok B Hinchigeri, a former Judge of the High Court of Karnataka is

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4 - NC: 2023:KHC:43509 CMP No. 307 of 2021

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appointed as the sole arbitrator leaving open all questions to be decided in the arbitral proceedings.

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ORDER

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a) The petition is allowed.

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b) Hon’ble Mr.Justice Ashok B Hinchigeri, a former Judge of High Court of Karnataka, 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 Hon’ble Mr. Justice Ashok B Hinchigeri,

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NC: 2023:KHC:43509 CMP No. 307 of 2021

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former Judge of the High Court of Karnataka, Address: Apartment No.1431, Embassy Habitat, No.59, Palace Road, Vasanthnagar, Bengaluru – 560 052, [E-

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mail: [email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

SD/JUDGE

NC: 2023:KHC:43509 CMP No. 307 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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[COLLIERS INTERNATIONAL (INDIA) PROPERTY SERVICES PRIVATE LIMITED VS. AZIM PREMJI UNIVERSITY]

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BMSPJ

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11.12.2023

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(VIDEO CONFERENCING / PHYSICAL HEARING) ORDERS ON ‘FOR BEING SPOKEN TO’

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This Court has disposed of this petition on 04.12.2023 appointing a retired District Judge as the sole arbitrator in the light of exchange of notices observing that neither the existence of the agreement for arbitration nor the arbitrability of the proceedings is in dispute. However, upon noticing the nature of the dispute and the controversy while correcting the order dictated, the office is directed to list this petition for ‘ Being Spoken To’ .

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The learned counsels for the parties today submit that Hon’ble Mr. Justice Ashok B Hinchigeri, a former Judge of High Court of Karnataka, could be appointed as the sole arbitrator.

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In the light of this submission and subject to necessary corrections in the order dictated on 04.12.2023, the office is directed to release the order.

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List No.: 1 Sl No.: 44

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SD/JUDGE

Colliers International (India) Property Services Private Limited v. Azim Premji University

Case brief

What is this about?

What did the court decide?

Colliers International (India) Property Services Private Limited v. Azim Premji University

Case brief

What is this about?

What did the court decide?

What the court decided

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