Dismissed

Sri. Giridhar v. M/S. Sowparnika Projects and

Karnataka HC5 Jul 2023CMP/60/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a civil miscellaneous petition seeking appointment of an arbitrator under the Arbitration and Conciliation Act after parties filed a Joint Memo reporting a settlement regarding a monetary dispute.

What did the court decide?

The Civil Miscellaneous Petition for appointment of an Arbitrator was disposed of as the prayer became infructuous due to settlement.

Sri. Giridhar Vs M/S. Sowparnika Projects and — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:23140 CMP No. 60 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS CIVIL MISC. PETITION NO. 60 OF 2021

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BETWEEN:

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SRI. GIRIDHAR S/O VENKATARAJU AGED ABOUT 42 YEARS R/A NO.301, MANGALIA BLOCK ESTEEM GARDENIA SAHAKARANAGAR BENGALURU-560092

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…PETITIONER (BY SRI. P. PRASAD., ADVOCATE)

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AND:

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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M/S. SOWPARNIKA PROJECTS AND INFRASTRUCTURES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.49/38-E2 AND E3 LAKSHMINARAYANAPURA NEAR AECS LAYOUT KUNDALAHALLI, BENGALURU-560037 REPRESENTED BY ITS DIRECTOR SMT MEENAKSHI RAMJI PRESENTLY AT NO.780 I^ST MAIN ROAD, C BLOCK AECS LAYOUT, KUNDALAHALLI BENGALURU-560037. (BY SRI. DHIRENDRA N KATTI., ADVOCATE)

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…RESPONDENT

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NC: 2023:KHC:23140 CMP No. 60 of 2021

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THIS HONBLE COURT TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT HEREIN, ARISING OUT OF THE BREACH OF TERMS AND CONDITIONS OF JOINT DEVELOPMENT AGREEMENT DATED 10/02/2011, REGISTERED ON 11/02/2011 COMMITTED BY THE RESPONDENT VIDE ANNEXURE-A BY EXERCISING THE POWER U/S 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND ETC.

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

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ORDER

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R.DEVDAS J., (ORAL):

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The parties herein along with learned Counsels have filed a Joint Memo dated 05.07.2023 reporting settlement.

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In terms of the Joint Memo, the petitioner has agreed to receive a sum of Rs.85,00,000/- (Rupees Eight Five Lakhs only) from the respondent and the respondent shall pay the said sum within a period of Twelve months from the date of this order. The learned Counsels would therefore submit that the prayer made in the Civil

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NC: 2023:KHC:23140 CMP No. 60 of 2021

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Miscellaneous Petition for appointment of an Arbitrator has

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become infructuous.

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The Joint Memo is taken on record subject to all

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just exceptions.

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Consequently, the Civil Miscellaneous Petition

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stands disposed of in view of the settlement arrived at by the parties and in terms of the Joint Memo filed by the

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parties.

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Sd/JUDGE

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Sri. Giridhar v. M/S. Sowparnika Projects and

Case brief

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Sri. Giridhar v. M/S. Sowparnika Projects and

Case brief

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