Allowed

M/S 7HILLSTS Private Limited v. Smt Prerana Rajendra Ozarkar

Karnataka HC4 Dec 2023CMP/332/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil miscellaneous petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator to resolve a contractual dispute arising from a termination of service agreement.

What did the court decide?

Appointment of Sri. Basavaraj Shivappa Tadahal as the sole arbitrator to resolve the dispute between the parties.

M/S 7HILLSTS Private Limited Vs Smt Prerana Rajendra Ozarkar — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:43533 CMP No. 332 of 2022

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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. 332 OF 2022

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BETWEEN:

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M/S 7HILLSTS PRIVATE LIMITED BALAJI COMPLEX NO.706 1ST FLOOR MICO MAIN ROAD 10TH CROSS, CHENNAKESHAVA NAGAR BENGALURU - 560 100, INDIA REPRESENTED BY ITS AUTHORIZED SIGNATORY AND DIRECTOR MR. SRIDHAR JAYARAMA REDDY …PETITIONER

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(BY SRI. BHARATH S., ADVOCATE FOR SRI. P B RAJU., 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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SMT PRERANA RAJENDRA OZARKAR AGED 26 YEARS D/O RAJENDRA MOTIRAM OZARKAR R/AT FLAT NO.10, 2ND FLOOR NISHIGANDHA APP, ABASAHEB RAIKAR NAGAR GARMAL DHAYARI NEAR NIKHIL MOTOR DRIVING SCHOOL VADGAON BUDRUK PUNE CITY MAHARASHTRA - 411 041

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…RESPONDENT (V/O. DTD 10.03.2023 NOTICE TO THE RESPONDENT IS H/S)

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NC: 2023:KHC:43533 CMP No. 332 of 2022

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR, AS SOUGHT FOR, IN TERMS OF THE AGREEMENT OF LEASE, NAMELY SRI. BASAVARAJ SHIVAPPA TADAHAL, A RETIRED DISTRICT JUDGE, AS THE SOLE ARBITRATOR TO RESOLVE THE DISPUTE, ARISING OUT OF THE SAID APPOINTMENT LETTER DATED 20/06/2021, WHICH IS AT ANNEXURE-B.

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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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The petitioner has filed this petition for the appointment of a sole arbitrator relying upon the agreement for arbitration as contained in the Appointment Letter dated 20.06.2021 [ Annexure-B ] and the issuance of the legal notices dated 22.11.2021 and 22.12.2021 [ Annexures – G and H ]. If the first notice is issued raising a demand for a sum of Rs.6,49,623/-, the second notice is issued invoking the agreement for arbitration. The petitioner’s case is that the respondent, notwithstanding the assurance to work for a particular period, has tendered her

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NC: 2023:KHC:43533 CMP No. 332 of 2022

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resignation and discontinued her service, and as such, it is entitled to recover the amount.

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The respondent is served with the aforesaid notices as also with the notice of this petition but there is no representation. The petitioner has satisfied the requirements for exercise of this Court’s jurisdiction under Section 11(5) of the Arbitration and Conciliation Act, 1996. Hence, the following:

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ORDER

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a) The petition is allowed.

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b) Sri. Basavaraj Shivappa Tadahal, a

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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

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the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.

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NC: 2023:KHC:43533 CMP No. 332 of 2022

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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. Basavaraj Shivappa Tadahal, a retired District Judge, Address: No.252, Janhvi, 22^nd Main, Judicial Layout, G. K. V. K. (Post), Bengaluru-560 065 E-mail id:[email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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SD/JUDGE

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M/S 7HILLSTS Private Limited v. Smt Prerana Rajendra Ozarkar

Case brief

What is this about?

What did the court decide?

M/S 7HILLSTS Private Limited v. Smt Prerana Rajendra Ozarkar

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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