Karnataka High Court
M/S Kone Elevator India Pvt Ltd vs M/S Lily Realty Pvt Ltd on 17 December, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:52156
CMP No. 337 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
CIVIL MISC. PETITION NO. 337 OF 2024
BETWEEN:
M/S KONE ELEVATOR INDIA PVT LTD
INCORPORATED UNDER COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT PLOT NO.A 28
SIPCOT INDUSTRIAL PARK
PILLAIPAKLAM SRIPERUMBUDUR TALUK
KACHEEPURAM DISTRICT TAMIL NADU 602105
REP BY ITS AUTHORIZED SIGNATORY
B N MURALIDHAR, AGED ABOUT 54 YEARS.
ALSO AT 4/1 ZENITH CHAMBERS 2ND FLOOR
ANJANEYA SWAMY TEMPLE STREET
OPPOSITE 6TH CROSS WILSON GARDEN
Digitally signed HOSUR MAIN ROAD, BANGALORE 560027
by VIJAYA P
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI. NISCHAL DEV B R.,ADVOCATE)
AND:
M/S LILY REALTY PVT LTD
3RD FLOOR BENGAL CHEMICAL BLDG
VEER SAVARKAR MARG
PRABHADEVI MUMBAI MAHARASHTRA 400025
REP. DIRECTOR RAJENDRA SINGH.
ALSO AT A SHOP 12 FLOOR 1 PLOT 2 A BLOCK
DATTARAYA NIWAS GOKHALE ROAD (SOUTH)
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NC: 2024:KHC:52156
CMP No. 337 of 2024
PORTUGUESE CHURCH DADAR (W) MUMBAI
MUMBAI CITY MAHARASHTRA 400028
ALSO AT NO.17 BHATTRAHALLI OLD MADRAS ROAD
BANGALORE 560049
...RESPONDENT
(RESPONDENT IS SERVED)
THIS CIVIL MISCELLANEOUS PETITIONIS FILED
UNDER SECTION 11(5) OF THE ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO APPOINT AN
INDEPENDENT AND IMPARTIAL SOLE ARBITRATOR FOR
REFERENCE OF THE DISPUTES ARISING OUT OF OR
RELATING TO THE SERVICE AGREEEMENT DATED:
06.07.2016 PURSUANT TO ARTICLES 15(II) OF THE
SERVICE AGREEMENT (ANNEXURE-B) AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The petitioner has sought for appointment of a sole arbitrator and for reference of disputes arising out of the agreement dated 06.07.2016 to such arbitrator.
2. Perused the service agreement at Annexure-B. The clause for dispute resolution is at Article 15 which provides for efforts for settlement of disputes and in case of failure -3- NC: 2024:KHC:52156 CMP No. 337 of 2024 to settle such dispute within 30 days parties shall be entitled to refer the dispute to an arbitrator.
3. Petitioner submits that in the course of execution of the Service Agreement disputes have arisen and in light of the same in terms of Clause 15 efforts were made to resolve the dispute amicably. The letter dated 24.08.2023 is stated to have been sent by the petitioner to the respondent, Postal receipts have been enclosed. In terms of the said letter, the respondent was called upon to participate in the proposed meeting for amicably resolving the dispute. However, it is submitted that there was no response on the other side. Subsequently, Annexure-E notice has been sent which details the dispute and has made out a case for reference for arbitration by specifically observing that the notice may be treated as a formal notice under Section 21. Learned counsel for the petitioner submits that the said notice has been served. Subsequently, present petition is filed. -4-
NC: 2024:KHC:52156 CMP No. 337 of 2024
4. Taking note of the agreement at Annexure-B, Clause 15 which provides for dispute resolution, letter dated 24.08.2023 addressed to the respondent calling upon the respondent to come forward for a proposed meeting, notice at Annexure-E dated 24.01.2024 calling upon the respondent to take a stand regarding appointment of an arbitrator, case is made out to allow the petition.
5. Accordingly, this petition is allowed by appointing Shri. Veeranna G Tigadi, Retired District and Sessions Judge, to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.
(i) All claims and contentions are left/kept open to be decided by the Arbitral Tribunal.
(ii) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre -5- NC: 2024:KHC:52156 CMP No. 337 of 2024 (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter.
(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
(S SUNIL DUTT YADAV) JUDGE CM List No.: 2 Sl No.: 18