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Karnataka High Court

Jmc Projects (India) Ltd vs The Project Director on 2 September, 2022

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                  -1-




                                                           CMP No. 410 of 2022


                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 2ND DAY OF SEPTEMBER, 2022

                                               BEFORE
                         THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                             CIVIL MISC. PETITION NO. 410 OF 2022
                      BETWEEN:

                      JMC PROJECTS (INDIA) LTD
                      A COMPANY INCORPORATED UNDER
                      THE COMPANIES ACT, 1956
                      HAVING ITS CORPORATE OFFICE AT
                      6TH FLOOR, KALPATARU SYNERGY
                      OPP. GRAND HYATT HOTEL
                      SANTACURZ (EAST), MUMBAI 400 055

                      HAVING ITS REGIONAL OFFICES AT:
                      JMC PROJECTS (INDIA) LTD.,
                      NO.50, GOLD TOWER
                      2ND FLOOR, RESIDENCY ROAD
                      BENGALURU-560 025
                      REP. BY ITS AUTHORIZED SIGNATORY
                      MR. EZRA PRAVEEN PEDAPATI
                                                                      ...PETITIONER
                      (BY SRI. MANJUNATHA.H, ADVOCATE)

                      AND:
Digitally signed by
POORNIMA              THE PROJECT DIRECTOR
SHIVANNA
Location: HIGH        PROJECT IMPLEMENTATION UNIT ( PIU)
COURT OF
KARNATAKA             KARNATAKA STATE HIGHWAYS
                      IMPROVEMENT PROJECT, K.R.CIRCLE
                      BENGALURU-560 001
                      REP. BY ITS PROJECT DIRECTOR
                                                                    ...RESPONDENT
                      (BY SRI. BHOJEGOWDA T.KOLLER, AGA)

                           THIS CMP IS FILED UNDER SECTION 11(6) OF THE
                      ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW
                      THE ABOVE PETITION AND APPOINT AN ARBITRAL TRIBUNAL UNDER
                      CLAUSE 20.6 OF PARTICULAR CONDITIONS OF CONTRACT
                                    -2-




                                               CMP No. 410 of 2022


PRODUCED AT ANNEXURE-A DATED 14/09/2015 IN THE MATTER OF
DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT.

     THIS CMP COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:

                                ORDER

1. Sri.Bhojegowda T.Koller, learned AGA accepts notice for respondent.

2. Counsel for the petitioner has filed a memo stating that during the pendency of the above matter, a joint memorandum has been entered into between the petitioner and respondent on 18.07.2022 referring the matter to arbitration under the aegis of the Arbitration Centre attached to this Court. Said memo is taken on record.

3. Learned AGA submits that the contents of the memo are true and correct and the matter is under arbitration.

4. Accepting the submission of both the counsel, the above petition stands dismissed as infructuous.

Sd/-

JUDGE ln