Aasaanjobs vs Jana Small Finance Bank Limited on 14 July, 2022

[Cites 1, Cited by 0]

Karnataka High Court

Aasaanjobs vs Jana Small Finance Bank Limited on 14 July, 2022

Bench: B. M. Shyam Prasad

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 14TH DAY OF JULY 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

        CIVIL MISCELLANEOUS PETITION NO.254/2022

BETWEEN :

AASAANJOBS
A COMPANY REGISTERED UNDER
THE COMPANIES ACT 2013,
HAVING ITS REGISTERED OFFICES @
UNIT NO.4, B-WING, KRISLON HOUSE,
OPP. MARWAH CENTER, MILITARY ROAD,
OFF SAKI VIHAR ROAD,
SAKINAKA, ANDHERI (EAST)
MUMBAI-400 072.
REP. BY ITS AUTHORIZED REPRESENTATIVE
MR.SANTHOSH PANDEY.
                                   ... PETITIONER
(By SRI. VIJAY B K., ADVOCATE)

AND :

JANA SMALL FINANCE BANK LIMITED
THE FAIRWAY BUSINESS PARK
10/1, 11/2, OFF DOMLUR, KORAMANGALA
INNER RING ROAD,
CHALLAGATTA, BANGALORE - 560 071.

                                      ... RESPONDENT
(By SMT.SHREEDEVI B.K., ADVOCATE)

    THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER    SEC.11(6) OF  THE   ARBITRATION   AND
CONCILIATION ACT, 1996 PRAYING TO APPOINT AN
                              2



ARBITRATOR FOR ADJUDICATION OF THE DISPUTES
RAISED BY THE PARTIES IN THE ARBITRATION
PROCEEDINGS AS PER CONSULTANCY AGREEMENT
DATED 16.08.2019 AS PER ANNEXURE-A.

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

                        ORDER

The petitioner and the respondent have signed the "Consultation Agreement" dated 16.08.2019 which contemplates resolution of the dispute by a sole arbitrator to be appointed by the respondent. The petitioner has caused notice raising a claim for a sum of `16,40,300/- . There is correspondence to indicate that that the respondent has disputed such demand. Ultimately, notice is issued on 23.03.2021 invoking the arbitration clause putting the respondent on notice that the respondent cannot insist on nominating the arbitrator and also to agree on fast track procedure contemplated under Section 29-B of the Arbitration and Conciliation Act, 1996. The respondent has not issued any reply and the learned counsel for the respondent 3 submits that while the claim is disputed, the constitution of the arbitral tribunal cannot be raised. The learned counsel further submits that a retired District Judge could be appointed as the sole arbitrator to enter reference of the dispute. As such, the following:

ORDER a] The petition is allowed; [b] Sri. M.G.Sudheendra, a retired District Judge, Address: No.85, 'Ganesha', 3rd Main, 3rd Stage, Vinayaka Layout, Vijayanagar, Bengaluru - 560 040, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and 4 Conciliation Centre (Domestic and International), Bengaluru;

[c] The Registry is directed to communicate this order to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, and Sri.M.G.Sudheendra, a retired District Judge, Address: No.85, 'Ganesha', 3rd Main, 3rd Stage, Vinayaka Layout, Vijayanagar, Bengaluru - 560 040, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

Sd/-

JUDGE SA/-

Ct:sr

Unlock Advanced Research with PRISMAI

Karnataka High Court