Allowed

Mr Gurinder P Singh Dhall v. Anheuser Bush Inbev India Ltd.

Karnataka HC24 Aug 2023CMP/88/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil miscellaneous petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996. The court appointed a retired District Judge as the sole arbitrator to conduct proceedings arising from a service provider agreement dispute where the respondent was absent.

What did the court decide?

Appointment of Sri. B. Shivalinge Gowda as sole arbitrator; proceedings to be conducted at the Arbitration and Conciliation Centre, Bengaluru.

Mr Gurinder P Singh Dhall Vs Anheuser Bush Inbev India Ltd. — Arbitration | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:30352 CMP No. 88 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 24^TH DAY OF AUGUST, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 88 OF 2023

¶7

BETWEEN:

¶8

MR GURINDER P SINGH DHALL AGE OF 72 YEARS PROPRIETOR OF M/S DHALL ALCOBEV REGISTERED PROPRIETORSHIP FIRM M/F-90/32, OKHLA INDUSTRIAL AREA, PHASE-I,NEW DELHI-110020

¶9

…PETITIONER

¶10

(BY MS. VARSHA MANOJ, ADVOCATE)

¶11

AND:

¶12

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

¶13

ANHEUSER BUSH INBEV INDIA LTD (FORMERLY SABMILLER INDIA LIMITED) A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956 6TH FLOOR,GREEN HEART BUILDING, MFAR MANYATA TECH PARK, PHASE-IV,NAGAVARA, BENGALURU-560045

¶14

…RESPONDENT (V/O. DATED 17.08.2013, NOTICE TO THE RESPONDENT IS HELD SUFFICIENT)

¶15

THIS CIVIL MISC. PETITION UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT,1996,

¶16

¶17

NC: 2023:KHC:30352 CMP No. 88 of 2023

¶18

PRAYING TO APPOINT A SOLE ARBITRATOR AS THIS HONBLE COURT MAY DEEM FIT, AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION UNDER THE SERVICE PROVIDER AGREEMENT DATED 20.09.2017 AT ANNEXURE-A.

¶19

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

¶20

ORDER

¶21

The petitioner, in support of the prayer for appointment of a sole Arbitrator, relies on an agreement for arbitration as contained in the Service Provider Agreement dated 20.09.2017. The petitioner had earlier filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 in CMP.No.686/2022, which is disposed of on 16.09.2022 with liberty to the petitioner to comply with the requirements of the arbitration clause to pursue an amicable resolution by mutual consultation and to file a fresh petition, if the occasion so warrants.

¶22

The learned counsel for the petitioner submits that after the respondent terminated the agreement dated 20.09.2017, the petitioner has raised demands

¶23

¶24

NC: 2023:KHC:30352 CMP No. 88 of 2023

¶25

for payment of monies due but the amount remains unpaid. The petitioner, in terms of the liberty reserved has caused many requests for a consultation but to no avail, and ultimately, notice dated 01.02.2023 is issued invoking the arbitration clause inviting the respondent's consent for the appointment of a retired District Judge as the sole Arbitrator.

¶26

The respondent has not issued any reply though has received such notice, and remains absent in the present proceedings. The submissions for the purposes of appointment of a sole Arbitrator are found validated and hence, the following:

¶27

ORDER

¶28

[a] The petition is allowed;

¶29

[b] Sri. B.Shivalinge Gowda, a

¶30

retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent

¶31

¶32

NC: 2023:KHC:30352 CMP No. 88 of 2023

¶33

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

¶34

[c] The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. B.Shivalinge Gowda, a retired District Judge, Address: No.138, 'Belaku', 2nd main, Judicial Layout, Thalaghattapura, Kanakapura Road,

¶35

Bengaluru -560 109 [[email protected]] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

¶36

Sd/JUDGE

¶37

Mr Gurinder P Singh Dhall v. Anheuser Bush Inbev India Ltd.

Case brief

What is this about?

What did the court decide?

Mr Gurinder P Singh Dhall v. Anheuser Bush Inbev India Ltd.

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

Case details

Similar cases

K N Anand Kumar Vs P Chandra Mohan

Mr G Anantha Shenoy Vs Mrs Leelamma

Mrs Euna Rodrigues Vs Mrs Philomena Rodrigues

Bmm Ispat Limited Vs Karnataka Power Transmission

Renew Surya Roshni Private Limited Vs State of Karnataka

Mrs. Meenakshi Gowda Vs Shiva Opticals Pvt. Ltd.