Allowed

M/S. Sukavaan and Kunal v. M/S. Cultfit Healthcare Pvt. Ltd.

Karnataka HC29 Nov 2023CMP/539/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, under Section 11(5) of the Arbitration and Conciliation Act, 1996, appointed Shri. Vishwanath V. Angadi as the sole arbitrator to adjudicate a dispute between two 24X7 fitness chain partners arising from their Collaboration Agreement, despite the respondent's default.

What did the court decide?

Appointment of Shri. Vishwanath V. Angadi as sole arbitrator to adjudicate the dispute.

M/S. Sukavaan and Kunal Vs M/S. Cultfit Healthcare Pvt. Ltd. — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:43157 CMP No. 539 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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CIVIL MISC. PETITION NO. 539 OF 2022

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BETWEEN:

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M/S. SUKAVAAN AND KUNAL REGISTERED PARTNERSHIP FIRM, DULY BROUGHT INTO EXISTENCE UNDER INDIAN PARTNERSHIP ACT, 1932, HAVING ITS REGISTERED OFFICE AT NO. 385, RMV II STAGE, II BLOCK, 80 FEET ROAD, SANJAY NAGAR, BANGALORE-560 094. (ALSO KNOWN AS APPLE FITNESS BEL)

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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M/S. APPLE FITNESS 24X7 LLP REGISTERED LIMITED LIABILITY PARTNERSHIP, NO. 385, RMV II STAGE, II BLOCK, 80 FEET ROAD, SANJAY NAGAR, BANGALORE-560 094. (ALSO KNOWN AS APPLE FITNESS BEL)

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BOTH REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. V. N. KUNAL GOVIND, AGED ABOUT 33 YEARS, S/O. NAGARAJ RAO, R/O. NO. 537, “AMBA VILAS”, 4^TH MAIN, BHAVANI NAGAR,

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NC: 2023:KHC:43157 CMP No. 539 of 2022

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GAVIPURAM, BANGALORE-560 019.

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…PETITIONERS

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(BY SRI. KRISHNA S VYAS.,ADVOCATE)

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AND:

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M/S. CULTFIT HEALTHCARE PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO. 48, 15^TH MAIN, 15^TH CROSS, SECTOR 4, HSR LAYOUT, BANGALORE-560 102.

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…RESPONDENT

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(RESPONDENTS SERVED)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO EXERCISE ITS POWER UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 APPOINT MR. SUDEER KORADDI, RETIRED PRINCIPAL DISTRICT AND SESSIONS JUDGE, PRESENTLY RESIDENT OF BENGALURU OR ANY OTHER APPROPRIATE PERSON FROM THE PANEL OF ARBITRATORS OF THE BENGALURU ARBITRATION CENTRE, AS THE SOLE ARBITRATOR TO ADJUDICATE THIS DISPUTE BETWEEN THE PARTIES AS PER THE COLLABORATION AGREEMENT DATED 12/04/2019, VIDE ANNEXURE-D.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:43157 CMP No. 539 of 2022

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ORDER

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This petition is filed for appointment of a sole arbitrator relying upon the arbitration agreement as seen in the Contract styled as “ Collaboration Agreement” dated 12.04.2019 and the arbitration notice dated 14.03.2022. The respondent has not responded to this arbitration notice dated 14.03.2022 or the earlier notice dated 12.03.2021 under the Insolvency and Bankruptcy Code, 2016. The respondent though served has remained absent.

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When queried, Sri Krishna S. Vyas, the learned counsel for the petitioner, submits that the petitioner has issued notice dated 12.03.2021 but has not filed any application under the aforesaid Code. This Court must opine on perusal of the records that the agreement for arbitration, the existence of the arbitral dispute and the failure of the consensus as required under Section 11(5) of the Arbitration and Conciliation Act, 1996 are established.

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NC: 2023:KHC:43157 CMP No. 539 of 2022

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After hearing Sri Krishna S. Vyas on who could enter reference of the dispute, this Court is of the view that Sri V.V.Angadi, a retired District Judge, could be appointed as the sole arbitrator to enter reference of the dispute between the petitioner and the respondent. Hence, the following:

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ORDER

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[A] The petition is allowed, and Shri.Vishwanath V. Angadi, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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NC: 2023:KHC:43157 CMP No. 539 of 2022

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[B] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre and Shri. Vishwanath V. Angadi, a retired District Judge, Address: No.1240, 14^th Main Road, Judicial Layout, Jakkur, Bengaluru – 560065 [email: [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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SA ct:sr

M/S. Sukavaan and Kunal v. M/S. Cultfit Healthcare Pvt. Ltd.

Case brief

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M/S. Sukavaan and Kunal v. M/S. Cultfit Healthcare Pvt. Ltd.

Case brief

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What did the court decide?

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