Disposed

M/S Green -O- Tech India v. M/S Amazon Seller Services Pvt. Ltd.

Karnataka HC18 Jul 2024WP/3350/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking quashing of arbitration proceedings. Relying on Section 34(3) of the Arbitration Act, the Court granted liberty to the petitioner to challenge the award, admitting the limitation period starts from the date the petitioner received the award.

What did the court decide?

Liberty granted to challenge the arbitral award with the limitation period reckoned from the date of receipt of the award.

M/S Green -O- Tech India Vs M/S Amazon Seller Services Pvt. Ltd. — Arbitration | Karnataka HC (2024)

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1 - NC: 2024:KHC:27972 WP No. 3350 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3350 OF 2024 (GM-RES)

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BETWEEN:

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M/S GREEN -O- TECH INDIA, REPRESENTED BY ITS PROPRIETOR SMT. JYOTI RANA, RZ-169, SHIV BLOCK, RAGHU NAGAR, NEAR SHAKUNTALA SCHOOL OF NURSING, NEW DELHI-110 045 …PETITIONER

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(BY SRI. RAKSHITH KUNDAPURA, ADVOCATE)

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AND:

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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M/S AMAZON SELLER SERVICES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT 8^TH FLOOR, BRIGADE CATEWAY, WORLD TRADE CENTRE, 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM(WEST) BENGALURU-560 055, REP. BY ITS AUTHORIZED REPRESENTATIVE MR. NIKHIL JOY

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SHRI. S. SIDDALINGESH PRESIDING ARBITRATOR NO.1, ARBITRATION AND CONCILIATION CENTER, BENGALURU, 'KHANIJA BHAVAN' 3^RD FLOOR,

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2 - NC: 2024:KHC:27972 WP No. 3350 of 2024

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EAST WING, 49, RACE COURSE ROAD, BENGALURU-560 001

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SHRI. VISHWANATH V ANGADI, CO-ARBITRATOR NO.2, ARBITRATION AND CONCILIATION CENTER, BENGALURU, 'KHANIJA BHAVAN' 3^RD FLOOR, EAST WING, 49, RACE COURSE ROAD, BENGALURU-560 001

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SHRI. B.A. MUCHANDI, CO-ARBITRATOR NO.3, ARBITRATION AND CONCILIATION CENTER, BENGALURU, 'KHANIJA BHAVAN' 3^RD FLOOR, EAST WING, 49, RACE COURSE ROAD, BENGALURU-560 001

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DIRECTOR, ARBITRATION AND CONCILIATION CENTER, BENGALURU, 'KHANIJA BHAVAN' 3^RD FLOOR, EAST WING, 49, RACE COURSE ROAD, BENGALURU-560 001

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…RESPONDENTS

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(BY SRI. NIKHIL JOY., ADVOCATE FOR R1; V/O DATED 05.06.2024, NOTICE TO R2 TO R4 IS D/W)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) TO CALL FOR RECORDS IN AC NO. 633/2022 ON THE FILE OF THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU AND ETC.

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3 - NC: 2024:KHC:27972 WP No. 3350 of 2024

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

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ORDER

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In this petition, petitioner is seeking for the following reliefs:

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“a) To call for records in AC.No.633/2022 on the file of the Arbitration and Conciliation Centre, Bengaluru;

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b) Quash the entire proceedings in AC.No.633/2022 vide Annexure-A and B;

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c) Grant costs of these proceedings; and

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d) pass such other order or orders as this Hon’ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity.”

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Heard learned Counsel for the petitioner and learned

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Counsel for the respondents and perused the material on record.

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The present petition arises out of proceedings in

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AC.No.633/2022 on the file of the Arbitration and Conciliation Centre, Bangalore. Respondent Nos.2 to 4 are the members of the Arbitral Tribunal and respondent No.5 is the Arbitration and Conciliation Centre, Bangalore. When the matter came up before this Court on 05.06.2024, learned Counsel for the petitioner submitted that the arbitral award was not released in his favour so

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4 - NC: 2024:KHC:27972 WP No. 3350 of 2024

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as to enable the petitioner to challenge the same, in accordance

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with law.

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The said submission was recorded by this Court and the

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following order was passed:

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"Heard. Office objections kept in abeyance for the present. Learned counsel for the petitioner submits that the petitioner would deposit the entire arbitration fees payable to the Arbitration Centre in relation to the instant arbitration proceedings on or before 05.07.2024. Submission is placed on record. Issue emergent notice to respondents No.1 and 5, returnable by 09.07.2024. Notice to respondents No.2 to 4 is dispensed with. Immediately upon paying the entire arbitration fees due to the 5th respondent-Centre, 5th respondent shall release the arbitral award in favour of the petitioner without any delay."

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Learned Counsel for the petitioner submits that pursuant

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to the aforesaid order passed by this Court, respondent No.5-Centre has released/furnished the arbitral award in favour of

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the petitioner on 13.07.2024. It is also submitted that the petitioner would take necessary steps to challenge the said arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 and

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5 - NC: 2024:KHC:27972 WP No. 3350 of 2024

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the present petition may be disposed of by reckoning/computing the period of limitation to commence from 13.07.2024.

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In view of the aforesaid facts and circumstances and the undisputed fact that the proceedings in AC.No.633/2022 on the file of the Arbitration and Conciliation Centre, Bangalore between the petitioner and respondent No.1 have culminated in an arbitral award passed by respondent Nos.2 to 4 before respondent No.5-Centre on 30.10.2023, since the copy of the award was not furnished to the petitioner, who had not received the same as required under Section 34(3) of the Arbitration and Conciliation Act, 1996 and in the light of the undisputed fact that the petitioner received the arbitral award only on 13.07.2024, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to challenge the aforesaid arbitral award dated 30.10.2023 passed in AC.No.633/2022 on the file of the Arbitration and Conciliation Centre, Bangalore by computing/reckoning/considering/taking the period of limitation to commence from 13.07.2024 within the meaning of Section 34(3) of the Arbitration and Conciliation Act, 1996.

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NC: 2024:KHC:27972 WP No. 3350 of 2024

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Subject to the aforesaid liberty granted in favour of the

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petitioner and leaving open all contentions on merits, the petition

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stands disposed of .

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Sd/JUDGE

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PHM List No.: 1 Sl No.: 17

M/S Green -O- Tech India v. M/S Amazon Seller Services Pvt. Ltd.

Case brief

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M/S Green -O- Tech India v. M/S Amazon Seller Services Pvt. Ltd.

Case brief

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