Karnataka High Court
Neerajkumar Shrdharam Choudhary vs Jogesh Hundraj Bajaj on 9 November, 2023
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NC: 2023:KHC-D:13083
CMP No. 100013 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
CIVIL MISC PETITION NO. 100013 OF 2023
BETWEEN:
NEERAJKUMAR SHRDHARAM CHOUDHARY,
S/O. SHRDHARAM INDRAJ CHOUDHARY,
R/O. D. NO.1245, 29TH WARD, RAJIV NAGAR,
HOSAPETE-583201, BALLARI DISTRICT,
NOW VIJAYANAGARA DISTRICT-583101.
...PETITIONER
(BY MISS RANJITHA ALAGAWADI FOR SRI Y. LAKSHMIKANT
REDDY & SMT. SOUBHAGYA S. VAKKUND, ADVOCATES)
AND:
JOGESH HUNDRAJ BAJAJ,
S/O. HUNDRAJ GOLLARAM BAAJAJ,
R/O. 1001-C, INDRALOK,
LOKHANDWALA COMPLEX,
GIRIJA A NEAR SWAMY SAMARTH MANDIR,
BYAHATTI
ANDHERI (WEST), MUMBAI-400053,
Digitally
MAHARASTRA.
signed by ...RESPONDENT
GIRIJA A
BYAHATTI
(BY SRI S.H. MITTALKOD & SRI AKARSH MITTALKOD, ADVOCATES)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING TO NOMINATE SUITABLE ARBITRATOR AS PER
SECTION 17 OF THE LLP AGREEMENT DATED 21.08.2018 AS PER
ANNEXURE-A; PASS SUCH OTHER ORDER OR ORDERS AS THIS
HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES
OF THE CASE; AWARD COSTS OF THE PROCEEDINGS ON THE
RESPONDENT.
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NC: 2023:KHC-D:13083
CMP No. 100013 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner and respondent had entered into a Limited Liability Partnership agreement and Clause 17 of the said reads as under:
Section 17 MANDATORY ARBITRATION 17.1 MANDATORY ARBITRATION
a) If any dispute arises between the partners under or relating to this agreement or relating to LLP's business or internal affairs that the partners cannot resolve voluntarily between themselves, the, unless the partner agree otherwise in writing at the time, they shall resolve the dispute by arbitration by single arbitrator under this Section 17.
b) The matters subject to arbitration under this section 17 shall include partner matters on which he partners are deadlocked.
17.2 ARBITRATION AND CONCILIATION ACT, 1996 Any Arbitration under or relating to this agreement or relating to LLP shall be conducted by a single arbitrator, in accordance with the ARBITRATION AND CONCILIATION ACT, 1996. -3-
NC: 2023:KHC-D:13083 CMP No. 100013 of 2023
2. A dispute has arisen between petitioner and respondent. Required notice has been issued by the petitioner in this regard. However, as there was no agreement between the parties in respect of appointment of an Arbitrator, the present petition is filed for appointment of Arbitrator.
3. In the course of arguments, both petitioner and respondent suggest that Sri. S. D. Babaladi, retired District Judge, may be appointed as the sole Arbitrator to resolve the dispute between the parties.
4. Hence the following:
ORDER Sri. S. D. Babaladi, retired District and Sessions Judge, 111, Michigan Layout, Near Kariyammadevi Temple, Barakotri, Main Road, Dharwad 580 007, Mobile:
9480467729, is hereby appointed as the sole Arbitrator to resolve the dispute between the parties.-4-
NC: 2023:KHC-D:13083 CMP No. 100013 of 2023 A copy of this order shall be communicated to Sri. S. D. Babaladi, by the Registry.
Writ petition is disposed of accordingly.
Sd/-
JUDGE gab Ct-mck List No.: 1 Sl No.: 22