Petition under Section 11 of the Arbitration and Conciliation Act seeking appointment of a sole arbitrator over supply disputes under a Bengaluru agreement dated 21.06.2018. Respondent served but unrepresented; court found Section 11(4) requirements fulfilled and appointed a retired District Judge as sole arbitrator.
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NC: 2024:KHC:24789 CMP No. 286 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS CIVIL MISC. PETITION NO. 286 OF 2023
BETWEEN:
GODREJ TYSON FOODS LIMITED, A COMPANY UNDER THE COMPANIES ACT 1956, REGISTERED OFFICE : GODREJ ONE, 3RD FLOOR, PIROJSHANAGAR, EASTERN EXPRESS HIGHWAY, VIKHROLI (EAST), MUMBAI - 400 079.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
AND ITS PROCESSING UNIT AT: SY. NO. 77/1, 83/2 AND 84/1, JANGAMANEKOTE ROAD, DODDAHULLUR VILLAGE, HOSKOTE TALUK, BANGALORE - 562 114. REP. BY MR. RAVIKUMAR PALTHUR, MANAGER ACCOUNTS. …PETITIONER (BY SMT. HARSHITHA M A/W. SRI. KEERTI KUMAR D NAIK, ADVOCATES)
AND:
BILLIONSMILES HOSPITALITY PRIVATE LIMITED, A COMPANY UNDER THE COMPANIES ACT, 1956, REGISTERED OFFICE NO. 14, BRUNTON CROSS ROAD, BANGALORE - 560 001.
REP. BY ITS DIRECTOR, MR. VENKATA REGUNATHAN RAJENDRAN,
ALSO AT: CRIMSON COURT-II, NO.4, JEEVAN BHIMA NAGAR MAIN ROAD, HAL - III STAGE, BANGALORE - 560 075.
…RESPONDENT
(RESPONDENT SERVED - UNREPRESENTED)
THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER SEC.11(6)(A) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ORDER APPOINTMENT OF AN ARBITRATOR TO ENTER INTO REFERENCE OF ALL THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF THE AGREEMENTS DATED 21ST JUNE 2018 AT ANNEXURES A AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’ for short) seeking appointment of a sole Arbitrator in terms of the arbitration
clause contained in the Partnership Deed dated
01.01.2020 at Annexure-A.
there has been no representation. Since, there be no opposition to the claim of the petitioner, this Court has no other option than to proceed to consider the claim of the petitioner on the basis of the material made available to this Court.
NC: 2024:KHC:24789 CMP No. 286 of 2023
NC: 2024:KHC:24789 CMP No. 286 of 2023
fulfilled the requirements as provided under Section 11(4) of the Act, 1996.
if any, filed by the petitioner while retaining the copy of the records.
ORDER
(a) The Civil Miscellaneous Petition is allowed appointing Shri. I.S. Antin, Retired District Judge, as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceedings at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre.
NC: 2024:KHC:24789 CMP No. 286 of 2023
Sd/JUDGE
AMM List No.: 1 Sl No.: 24
1 issue framed by the court
Whether an arbitrator should be appointed under the arbitration clause of the agreement dated 21.06.2018 despite the respondent being served and unrepresented.
2 provisions across 1 enactments
Godrej Tyson Foods Limited
Billionsmiles Hospitality Private Limited
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
