Karnataka High Court
M/S. Dtdc Express Limited vs M/S. Olive Tree Trading Pvt. Ltd on 14 February, 2023
Author: R Devdas
Bench: R Devdas
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CMP No. 319 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL MISC. PETITION NO. 319 OF 2019
BETWEEN:
M/S. DTDC EXPRESS LIMITED
NO. 269, LAHARI TOWERS,
ALBERT VICTOR ROAD,
1ST MAIN, CHAMARAJPET,
BANGALORE-560 018,
REPRESENTED BY ITS
LEGAL OFFICER (SOUTH ZONE),
MR. PRABHAKAR NAGAPPA.
...PETITIONER
(PETITIONER SERVED-UNREPRESENTED)
Digitally AND:
signed by
JUANITA
THEJESWINI M/S. OLIVE TREE TRADING PVT. LTD.,
Location: OFFICE AT: DYNAMIC LOGISTIC,
HIGH
COURT OF SR. NO. 79/1, DELHI ALANDHI ROAD,
KARNATAKA NEXT TO TATA OFFICE,
NEAR MAGAZINE CHOWK,
DIGHI, PUNE-411 015.
REPRESENTED BY ITS
SR. MANAGER FINANCE AND SUPPLY CHAIN,
MR. VIRAL SHAH.
...RESPONDENT
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CMP No. 319 of 2019
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THIS HON'BLE COURT TO APPOINT AN
ARBITRATOR TO REDRESS THE EXISTING DISPUTE BETWEEN
THE PETITIONER AND RESPONDENT AS PER CLAUSE 14 OF
THE CUSTOMER AGREEMENT DATED 01.12.2017, AT
ANNEXURE-A, AND AS PER SECTION-11(5) OF THE
ARBITRATION AND CONCILIATION ACT 1996, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
On 12.09.2022, learned Counsel for the petitioner had filed a Memo of Retirement along with a Postal Acknowledgement to show that the petitioner has received the notice given by the learned Counsel. Therefore, this Court directed issuance of the Court notice to the petitioner.-3-
CMP No. 319 of 2019
2. The Registrar, City Civil Court, Bengaluru has furnished information stating that a notice is served on the petitioner on 29.09.2022.
3. The matter is called out. There is no representation for the petitioner. No useful purpose would be served in keeping this matter pending. Accordingly, the Civil Miscellaneous Petition stands dismissed for non- prosecution.
Sd/-
JUDGE DL