Karnataka High Court
M/S. Scania Commercial Vehicles (India ... vs Maha Voyage Llp on 8 January, 2021
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
CIVIL MISCELLANEOUS PETITION NO.189/2020
BETWEEN:
M/s.Scania Commercial Vehicles (India) Pvt.Ltd.,
Having its registered office at Plot.No.63,64-65,88-97,
Narasapura, KIADB Industrial Area,
Achhatamahali, Narasapura - 563130.
Kolar, represented by its Manager
Mr.Kiran Kumar K.V.
... Petitioner
(By Sri.Prabhu Rao, Advocate for
Smt.Shwetha Ravishankar, Advocate)
AND:
1. Maha Voyage LLP,
Artech Srirema Villament,
F-5, Bhagawathy Lane,
Pippinimoodu,
Sasthamangalam, Trivandrum - 695010.
Represented by its Partners.
Mr.Vikram Purushottam Mane,
Mr.Vibha Vikram Mane,
Mr.Amit Purushottam Deshmukh.
Email ID: [email protected]
[email protected]
[email protected]
Ph No.9892519977
2
And also at
Maha Voyage LLP,
94/100, Sitaram Poddar Marg,
14, Rungtha Building,
14-A, 1st Floor, Fanaswadi, Maharastra,
Mumbai - 400002.
Represented by its Partners.
Mr.Vikram Purushottam Mane,
Mr.Vibha Vikram Mane,
Mr.Amit Purushottam Deshmukh.
2. Mr.Vikram Purushottam Mane,
Partner of Maha Voyage LLP,
Artech Srirema Villament,
F-5, Bhagawathy Lane,
Pippinmoodu,
Sasthamangalam, Trivandrum - 695010.
And also at
Mr.Vikram Purushottam Mane,
Partner Maha Voyage LLP,
94/100, Sitaram Poddar Marg,
14, Rungtha Building,
14-A, 1st Floor, Fanaswadi, Maharastra,
Mumbai - 400002.
And also at
Mr.Vikram Purushottham Mane,
Director of Radhakrishna Carriers Private Limited
No.143-A, Khemka Chawls P Marg,
Fanaswadi Mumbai, Maharastra - 400002.
3. Mr.Vibha Vikram Mane,
Partner of Maha Voyage LLP,
Artech Srirema Villament,
F-5, Bhagawathy Lane,
Pippinmoodu,
Sasthamangalam, Trivandrum - 695010.
3
And also at
Mr.Vibha Vikram Mane,
Partner of Maha Voyage LLP,
94/100, Sitaram Poddar Marg,
14, Rungtha Building,
14-A, 1st Floor, Fanaswadi, Maharastra,
Mumbai - 400002.
4. Mr.Amit Purushottam Deshmukh,
Partner of Maha Voyage LLP,
Artech Srirema Villament,
F-5, Bhagawathy Lane,
Pippinmoodu,
Sasthamangalam, Trivandrum - 695010.
And also at
Mr.Amit Purushottam Deshmukh,
Partner of Maha Voyage LLP,
94/100, Sitaram Poddar Marg,
14, Rungtha Building,
14-A, 1st Floor, Fanaswadi, Maharastra,
Mumbai - 400002.
...Respondents
(R1 to R4 served)
This Civil Miscellaneous Petition is filed under
Section 11(6) of the Arbitration and Conciliation Act, 1996
praying to exercise the power under Section 11(6) of the
Arbitration and Conciliation Act, 1996 and appoint an
Arbitrator to adjudicate the dispute that has arisen
between the petitioner and the respondents as per the
agreement dated 15.10.2018 as per Annexure-B and etc.,
This Civil Miscellaneous Petition coming on for
Admission this day, the Court made the following:
4
ORDER
The petitioner submits that it is engaged in the business of manufacturing buses and trucks and the respondents had purchased certain buses from the petitioner - Company and had also entered into maintenance contract with the petitioner.
2. It is further submitted that the respondent No.1 having availed the repairs and maintenance services from the petitioner had failed to make the payment amounting to Rs.29,35,746/-. Copies of the invoices are produced at Annexures-C1 to C42. Subsequently the petitioner has sent legal notice to the respondents dated 28.07.2020 raising a dispute and detailing the amounts due. It was also pointed out that Clause - 9 of the agreement at Annexure-B provided for resolution of the dispute by way of arbitration. The notices have been served, postal receipts and served acknowledgments are enclosed along with the petition. It is available from records that the respondents have 5 been served. In light of the non response to the legal notices issued, present petition has been filed. It is noticed that the respondents have been served and remained unrepresented.
3. Taking note of the submissions made and noticing the agreement at Annexure-B and the Clause for arbitration which provides for adjudication of disputes at Clause - 9 and the contents of the legal notice issued subsequently stating the non honouring of the invoices raised and not tendering the amounts due, noticing that there has been no response to the said legal notice, that there exists an agreement between the parties at Annexure-B, case is made out for appointment of an arbitrator in terms of Clause-9.
4. Sri.C.M.Ramachandra, Retired District Judge is directed to act as an arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules 6 governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
5. Accordingly, this petition under Section 11 of the Act, 1996 is disposed of by appointing Sri.C.M.Ramachandra, Retired District 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 of any of the parties 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 (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the 7 matter, on administrative side and also to Sri.C.M.Ramachandra, retired District Judge to the address available with the said Arbitration and Conciliation Centre (Domestic & International), Bengaluru.
(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
Sd/-
JUDGE NS