Karnataka High Court
M/S Schindler India Private Limited vs Shri M N Somasekhar on 14 August, 2015
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2015
BEFORE
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
CIVIL MISCELLANEOUS PETITION No.80 OF 2014
BETWEEN:
M/S.SCHINDLER INDIA PRIVATE LIMITED
AXIS SAI JYOTHI
NO.785, 3RD FLOOR, J.P.NAGAR
1ST PHASE, (J.P.NAGAR RING ROAD)
NEAR SINDOOR CONVENTIONAL HALL
BANGALORE - 560 078.
ALSO AT ITS REGISTERED OFFICE AT
B-401/402 DELPHI
HIRANANDANI BUSINESS PARK
POWAI - 400 076
MUMBAI, MAHARASTRA INDIA.
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR.J.VARADARAJAN IYER.
... PETITIONER
(BY SRI.VASANTH A.K., ADV.,)
AND:
SHRI M.N.SOMASEKHAR
NO.112, 10TH MAIN
6TH SECTOR, HSR LAYOUT
BANGALORE - 560 102.
... RESPONDENT
(NOTICE SERVED, UNREPRESENTED)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
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(a) THAT ALL THE DISPUTES AND DIFFERENCES BETWEEN
THE PETITIONER AND THE RESPONDENT IN RESPECT
CONTRACT DATED 07.06.2012 BE REFERRED FOR
ARBITRATION (b) TO APPOINT ARBITRATOR TO
ADJUDICATE ALL THE DISPUTES AND DIFFERENCES
BETWEEN THE PETITIONER AND THE RESPONDENT
UNDER THE SAID CONTRACT REFERRED TO IN PRAYER
CLAUSE (a) ABOVE.
THIS CMP COMING ON FOR ADMISSION THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
This civil miscellaneous petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed by the petitioner for appointment of an Arbitrator to resolve the dispute which has arisen out of the contract at Annexure-B dated 07.06.2012.
2. The contention of the petitioner is that in the course of its business it has entered into a contract at Annexure-B with the respondent on 07.06.2012 for supply and installation of one passenger elevator bearing Model No.3100 to the respondent for his project situated at No.112, 10th Main, 6th Sector, HSR Layout, Bangalore -560 102. The total price agreed for the 3 supply and installation of one elevator for the project was Rs.11,10,000/-. He has to make the payment in terms of the aforesaid contract which is as under:-
1. 30% - on order of reception.
2. 60% - Before release to production.
3. 10% - On end of installation.
The respondent has only paid 30% of the contract value on the order of reception. He has failed to pay the balance amount. He is also liable to pay the balance of the amount with interest at 18% p.a. as per Clause -9 of the contract. It is further contended that the respondent has failed to pay the amount despite repeated demands. Therefore, petitioner issued notice at Annexure-F dated 20.03.2014 calling upon the respondent for appointment of an Arbitrator to adjudicate the dispute. However, no response has been received.
3. Though the respondent has been served, he has remained un-represented.
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4. It is clear from the materials on record that the petitioner has entered into a contract for supply and installation of one passenger elevator. It is the case of the petitioner that the respondent has failed to pay the amount in terms of the contract at Annexure - B. The contract contains an Arbitration clause for resolving the dispute. The matter requires adjudication.
5. In the result, civil miscellaneous petition is allowed. Sri.Vishwanath V.Angadi, a retired District Judge, is requested to enter upon the reference and arbitrate over the dispute and conduct the arbitration proceedings at Arbitration Centre, Bangalore in terms of the Arbitration Centre - Karnataka (Domestic and International) Rules, 2012.
6. Registry is directed to send a copy of this order to the Arbitration Centre, Bangalore forthwith.
Sd/-
JUDGE VMB