Karnataka High Court
Anglian Infrastructure Development ... vs Amazon Seller Services Private Limited on 7 February, 2025
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NC: 2025:KHC:5652
CMP No. 257 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
CIVIL MISC. PETITION NO. 257 OF 2023
BETWEEN:
ANGLIAN INFRASTRUCTURE DEVELOPMENT PRIVATE
LIMITED
A COMPANY INCORPORATED AND REGISTERED
UNDER THE PROVISIONS OF THE COMPANIES ACT,
1956, (CIN U51100DL2013PTC253661)
HAVING REGISTERED OFFICE AT
6E, M-6 UPPAL PLAZA, DISTRICT CENTRE
JASOLA, SOUTH DELHI,
NEW DELHI-110025
EMAIL. VIPIN @ANGLIANINFRASTRUCTURE .COM
REPRESENTED BY ITS CHIEF OPERATING OFFICER
MR. VIPIN VIJETA MITTAL
S/O AJENDRA KUMAR MITTAL
AGED ABOUT 51 YEARS
...PETITIONER
(BY SRI. SANDEEP S., ADVOCATE)
Digitally signed
by AL BHAGYA AND:
Location: HIGH
COURT OF AMAZON SELLER SERVICES PRIVATE LIMITED
KARNATKA A COMPANY INCORPORATED AND REGISTERED
UNDER THE PROVISIONS OF THE COMPANIES ACT
1956, (CIN U51900KA201OPTC053234)
HAVING ITS REGISTERED OFFICE AT
8TH FLOOR, BRIGADE GATEWAY 26/1
DR. RAJKUMAR ROAD
BANGALORE 560055
EMAIL : [email protected]
TO BE REPRESENTED BY ITS DIRECTORS
...RESPONDENT
(BY SRI. NIKHIL JOY, ADVOCATE)
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NC: 2025:KHC:5652
CMP No. 257 of 2023
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11 (4)
AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO DIRECT THE RESPONDENT TO NOMINATE AN
ARBITRATOR OR CONFIRM THE NOMINATION OF THE
PROPOSED ARBITRATOR AS PROPOSED BY THE PETITIONER
AS PER CLAUSE 9.2 OF THE MASTER SERVICES AGREEMENT
DATED 23RD JULY 2018 (EFFECTIVE FROM 1ST AUGUST 2018)
ENTERED BY AND BETWEEN THE PETITIONER AND THE
RESPONDENT AS PER ANNEXURE C (COLLY) TO THIS
PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This Civil Miscellaneous Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of Master Services Agreement dated 23.07.2018 evidenced at Annexure-A.
2. After receipt of notice, the sole respondent has tendered appearance through learned counsel.
3. The petitioner has filed present Civil Miscellaneous Petition on the strength of Master Service Agreement. The petitioner asserts that he has entered into -3- NC: 2025:KHC:5652 CMP No. 257 of 2023 Master Service Agreement with respondent. The respondent in terms of agreement has issued purchase order and thereby instructed the petitioner to supply crates and in consideration, the respondent undertook to pay petitioner's price per day of supply of the crates at Rs.1.22 per day per crates as its rental charges or return crates along with arrears of rental. There was no response from the respondent. Therefore, the petitioner invoked arbitration clause by issuing notice on 22.03.2023.
4. The respondent holding response to arbitration indicates that their clients are in receipt of notice for arbitration and the same are being reviewed and a detailed response will be issued, which is evidenced at Annexure-H. Records also reveal that the matter was referred to mediation and the same has returned back with mediation report indicating that 'mediation has failed'.
5. After a thorough review of the petition, annexures, and supporting documents, this Court is satisfied that the petitioner has met the procedural -4- NC: 2025:KHC:5652 CMP No. 257 of 2023 requirements outlined under Section 11(4) of the Arbitration and Conciliation Act.
6. Learned counsel for the respondent has suggested Sri Veeranna G Thigadi, Former District & Sessions Judge to be appointed as sole arbitrator. Learned counsel for the petitioner fairly accepts this proposal.
7. In the light of the arbitrator suggested by learned counsel for respondent, this Court proceeds to pass the following:
ORDER
(i) Civil Miscellaneous Petition is allowed appointing Sri Veeranna G Thigadi, Former District & Sessions Judge as the sole Arbitrator to enter reference of the disputes between the petitioner and the respondents and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre;-5-
NC: 2025:KHC:5652 CMP No. 257 of 2023
(ii) All contentions inter se parties are left open for adjudication in the arbitration proceedings;
(iii) Office is directed to communicate this order to the Arbitration and Conciliation Centre and to Sri. Veeranna G Thigadi, Former District & Sessions Judge, as required under the Arbitration and Conciliation Centre Rules, 2012;
(iv) Registry is directed to forthwith return the original agreement of sale furnished along with this petition after obtaining Photostat copy of the same.
SD/-
(SACHIN SHANKAR MAGADUM) JUDGE NMS