Petition sought substitution of the sole arbitrator in AC No.128/2022. Counsel for both sides consented to appointment of a new arbitrator; the Court appointed Justice P Krishna Bhat (Retd) as sole arbitrator to continue proceedings from the current stage and complete them within three months.
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NC: 2024:KHC:43399-DB WP No. 10470 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 10470 OF 2024 (GM-RES)
BETWEEN:
M/S SHRIVISION LIVING SPACE PVT. LTD., NO.40/43, 8TH MAIN, 4TH CROSS, R M V EXTENSION, SADASHIVANAGAR, BENGALURU-560 080. REP. BY ITS DIRECTOR, SRI A M SUBRAMANYA, ALSO AT: II FLOOR, SAMVIT, 21ST KM, KANAKAPURA ROAD, UDAYAPURA, BENGALURU (SOUTH)-560 082.
…PETITIONER
(BY SRI DR. M SUNIL SASTRY, ADVOCATE)
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI A MAHESH CHOWDHARY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI AND ANY OTHER WRIT TERMINATING THE ARBITRARION MANDATE OF THE ARBITRAL TRIBUNAL OF SOLE ARBITRATOR AT ARBITRATION AND CONCILIATION CENTERBENGALURU (DOMESTIC AND INTERNATIONAL) IN AC NO-128/2022 BY SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE HON'BLE SOLE ARBITRATOR DATED 25.10.2023 AT ANNEXURE-A AND B ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and
HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
This Petition invoking writ jurisdiction essentially seeks an order to “Substitute and appoint a sole arbitrator by terminating the arbitration mandate of the Arbitral Tribunal” in AC No.128/2022. In the bulky petition along with Annexures in all runs into 296 pages. Several grounds are taken up in support of the prayer. After service of case papers, Respondents are represented by their counsel.
Petitioner and the learned counsel appearing for the Respondents having argued the matter for a short while, stood tall at the Bar and graciously agreed in principle that a new arbitrator be appointed by substitution. On being asked to name one, each suggested his own other not concurring with. Therefore, they were asked to come in the afternoon session with a common name.
Petition. However, we reminded him that now raising that issue may not be permissible inasmuch as, in the morning session itself he had specifically agreed in principle for the appointment of a new arbitrator subject to the only condition that the arbitration proceedings should be disposed off in a time bound manner. In all fairness, he did not dispute this position (Proceedings of this Court are live streamed).
present arbitrator enjoys a great reputation, in the fitness of things, his name should be masked in the record of the case papers and that, copies thereof shall not be issued to anyone without the leave of Court.
In the above circumstances, this Petition is consensually disposed off by appointing Hon’ble Justice P Krishna Bhat (Rtd) as and to be the sole arbitrator in the matter who would continue the arbitral proceedings from the stage as they stand hitherto. We request the new arbitrator to accomplish the proceedings within an outer
NC: 2024:KHC:43399-DB WP No. 10470 of 2024
limit of three months from the date he assumes charge.
The assurance given by both the sides that they would fully cooperate in the arbitral proceedings for their expeditious disposal, is placed on record.
Costs made easy.
Sd/-
(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
Tsn/Bsv
List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the writ court could substitute the existing sole arbitrator and appoint a new one in AC No.128/2022 by consent of the parties?
2 provisions across 1 enactments
M/S Shrivision Living Space Pvt. Ltd.
Mr. Syed Asmath Pasha Qadri
Mr. Syed Salman Yusuf Qhadri
Krishna S Dixit
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
