Dismissed

Sri B v. Srinivasa v M/S Maxworth Realty India Limited

Karnataka HC27 Oct 2023CMP/409/2022

Case brief

AI extract

What is this about?

This is an order in a civil miscellaneous petition filed under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator. The court found that the petitioner failed to nominate an arbitrator and invite the respondent's consensus before approaching the court. Consequently, the petition was disposed of.

What did the court decide?

The petition is disposed of. Liberty is reserved to issue a fresh notice and file another petition if the petitioner can satisfy the requirement of inviting the respondent's consensus.

Sri B v Srinivasa Vs M/S Maxworth Realty India Limited — Arbitration | Karnataka HC (2023)

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1 - NC: 2023:KHC:38125 CMP No. 409 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 409 OF 2022

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BETWEEN:

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SRI B V SRINIVASA S/O VENKATARANGAIAH, AGED 59 YEARS, RESIDING AT NO.2, NO.2(102/32), BOVIPALYA, MAHALAKSHMIPURAM, BENGALURU 560 086.

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…PETITIONER

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(BY SRI. M. RANJITH KUMAR.,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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M/S MAXWORTH REALTY INDIA LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT KMP HOUSE, 12/2, YANUNA BAI ROAD, MADHAVNAGAR, BENGALURU 560 001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, SRI. KESAVA KOLAR.

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…RESPONDENT

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(BY SRI. VINAYA KEERTHY M.,ADVOCATE)

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NC: 2023:KHC:38125 CMP No. 409 of 2022

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR IN RELATION TO THE CONTRACT DATED 02/06/2013 FOUND AT ANNEXURE-A FOR RESOLUTION OF THE DISPUTE.

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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 the sole arbitrator relying upon the legal notice dated 10.02.2020. Sri M.Ranjith Kumar, the learned counsel for the petitioner, is heard for disposal of the petition in the light of the statements made in the legal notice dated 10.02.2020.

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The petitioner ought to have nominated a sole arbitrator inviting the respondent’s consensus for this Court to exercise jurisdiction under Section 11(5) of the Arbitration and Conciliation Act, 1996, and because the notice does not satisfy this requirement, the petition is disposed of reserving liberty to the petitioner to issue

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NC: 2023:KHC:38125 CMP No. 409 of 2022

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fresh notice and file another petition if there is occasion for the same. It will be needless to observe that the

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liberty reserved is subject to all just exceptions.

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Sd/JUDGE

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Sri B v. Srinivasa v M/S Maxworth Realty India Limited

Case brief

What is this about?

What did the court decide?

Sri B v. Srinivasa v M/S Maxworth Realty India 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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