The High Court of Karnataka disposed of two civil misc. petitions filed by Bagmane Developers and Schneider Electric seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, based on an agreement dated 14.08.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 91 OF 2023
C/W
CIVIL MISC. PETITION NO. 142 OF 2023
IN CMP NO. 91/2023 BETWEEN:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
AGED ABOUT 32 YEARS
AGED ABOUT 16 YEARS
R22 AND 23 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR LOKESH
R26 AND 27 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR VINU
AGED ABOUT 74 YEARS
R26 AND 27 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR CHANDHAN REDDY
P2 TO P36 ARE RESIDING AT DODDANEKUNDI VILLAGE BENGALURU-560037
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
P2 TO P36 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER BAGMANE DEVELOPERS PRIVATE LIMITED, REPRESENTED BY ITS DIRECTOR MR D V RAMAKRISHNA
…PETITIONERS
(BY SRI. M.S.RAJENDRA, ADVOCATE)
AND:
SCHNEIDER ELECTRIC PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT C 56 MAYAPURI INDUSTRIAL AREA PHASE II WEST DELHI-110064
…RESPONDENT
(BY SMT. SUMANA NAGANAND., ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 (5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO NOMINATE AND APPOINT AN ARBITRATOR IN TERMS OF CLAUSE 40.1 OF THE AGREEMENT DATED 14.08.2020 (ANNEXURE A).
IN CMP NO. 142/2023
BETWEEN:
SCHNEIDER ELECTRIC PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
HAVING ITS REGISTERED OFFICE AT C 56, MAYAPURI INDUSTRIAL AREA PHASE II WEST DELHI-110064 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. SACHIN GORUR
…PETITIONER
(BY SMT. SUMANA NAGANAND.,ADVOCATE)
AND:
MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MR MURALI
AGED ABOUT 12 YEARS
R22 AND 23 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR LOKESH
R26 AND 27 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR VINU
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
AGED ABOUT 62 YEARS
R26 AND 27 ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN MR CHANDHAN REDDY
P2 TO P35 ARE REPERSENTED BY THEIR POWER OF ATTORNEY HOLDER BAGMANE DEVELOPERS PVT LTD, REPRESENTED BY ITS DIRECTOR MR. D.V.RAMAKRISHNA
HAVING ITS OFFICE AT
NC: 2023:KHC:30930 CMP No. 91 of 2023 C/W CMP No. 142 of 2023
65/2, B BLOCK, 5TH FLOOR, LAUREL BUILDING BAGMANE TECHNOLOGY PARK C.V.RAMAN NAGAR BENGALURU-560 093
…RESPONDENTS
THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 (5) AND 11 (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN APPROPRIATE ARBITRAL TRIBUNAL TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AS PER CLAUSE 40 OF AGREEMENT TO LEASE DATED 14.08.2020 OF THE LEASE AGREEMENT (ANNEXURE B).
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Upon perusal of the memos dated 11.08.2023
filed by the petitioners in both these petitions and the Communication dated 24.07.2023 enclosed to the memo filed in CMP.No.142/2023, the petitions stand
disposed of.
SD/JUDGE
RB
1 issue framed by the court
Whether to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 in two separate civil misc. petitions.
1 provisions across 1 enactments
Bagmane Developers Private Limited
Mr Anand
Schneider Electric Private Limited
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
