Disposed

Advance Mechanical Services Private Limited v. Union of India

Karnataka HC23 Nov 2024WP/5502/2022

Case brief

AI extract

What is this about?

A company sought quashing of two e-mail letters issued by Indo German Tool Room and expediting of an arbitration process. The court found the petitioner's relationship with the respondent purely contractual, held the writ petition not maintainable, and closed it without prejudice to raising the dispute in appropriate proceedings.

What did the court decide?

None granted; petition closed without prejudice to petitioner's right to pursue the dispute in appropriate proceedings.

Advance Mechanical Services Private Limited Vs Union of India — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:47858 WP No. 5502 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 5502 OF 2022 (GM-RES)

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BETWEEN:

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ADVANCE MECHANICAL SERVICES PRIVATE LIMITED No.29/1, MALIK BUILDING 4^TH FLOOR, HOSPITAL ROAD SHIVAJINAGAR BENGALURU-560 001 REP. BY ITS MANAGING DIRECTOR SHASHIDHAR N.C.

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…PETITIONER

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(BY SRI. D.G. CHINNAPPA GOWDA, ADVOCATE)

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AND:

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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UNION OF INDIA MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES (MSME) REP. BY SECRETARY TO THE GOVERNMENT NEW DELHI-110 001

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INDO GERMAN TOOL ROOM AURANGABAD No.P-31, MIDC INDUSTRIAL AREA CHIKALTHANA, AURANGABAD MAHARASHTRA-431 006 REP. BY ITS MANAGING DIRECTOR

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G.S. AWSEKAR MANAGER (CAD-CAM) INDO GERMAN TOOL ROOM No.P-31, MIDC INDUSTRIAL AREA CHIKALTHANA, AURANGABAD

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NC: 2024:KHC:47858 WP No. 5502 of 2022

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MAHARASHTRA-431 006

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…RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, ADVOCATE FOR R1; SRI. K. RAMA BHAT, ADVOCATE FOR R2 & R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) QUASH THE E-MAIL LETTER DATED 25.11.2021 AND E-MAIL LETTER DATED 13.01.2022 ISSUED BY THE 2^ND RESPONDENT INDO GERMAN TOOL ROOM, AURANGABAD AS PER ANNEXURE-D AND F TO THE WRIT PETITION AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

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ORAL JUDGMENT

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The prayers raised in this writ petition are as follows:

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i) quashing the e-mail letter dated 25.11.2021 and e- mail letter dated 13.01.2022 issued by the 2^nd Respondent Indo German Tool Room, Aurangabad as per Annesures-D & F to the Writ Petition by issue of a writ of certiorari;

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ii) directing the 2^nd Respondent to speed up arbitration process for deciding the dispute which has been raised by the Petitioner by issue of a writ of mandamus;

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3 - NC: 2024:KHC:47858 WP No. 5502 of 2022

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iii) directing the Respondents to pay to Petitioner costs of this proceedings, and

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iv) awarding to Petitioner such other additional and alternative reliefs that may be found necessary to be granted under the circumstances of the case.

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Having considered the contentions advanced

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and in view of the pleadings of the writ petition itself, we notice that the relationship between the writ petitioner and the second respondent is purely contractual in nature and

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this writ petition would not be maintainable. Accordingly, writ petition is closed without prejudice to the contentions of the petitioner and their right to raise the dispute in appropriate proceedings in accordance with law.

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Sd/(ANU SIVARAMAN) JUDGE

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RAK List No.: 1 Sl No.: 27

Advance Mechanical Services Private Limited v. Union of India

Case brief

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What did the court decide?

Advance Mechanical Services Private Limited v. Union of India

Case brief

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