Karnataka High Court
M/S Lsg Sky Chefs (India) Pvt Ltd vs Mr V Bala Kumar on 5 June, 2013
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
1
IN THE HIGH COURT OF KARNATAKA AT
BANGALORE
DATED THIS THE 05TH DAY OF JUNE 2013
BEFORE
THE HON'BLE Dr. JUSTICE K.BHAKTHAVATSALA
WRIT PETITION No.11894/2013 (GM-CPC)
BETWEEN :
M/S LSG SKY CHEFS (INDIA) PVT. LTD
(A COMPANY REGISTERED UNDER
THE PROVISIONS OF
THE COMPANIES ACT)
HAVING ITS OFFICE AT
BANGALORE INTERNATIONAL AIRPORT
DEVANAHALLI
BANGALORE-560 300
REPRESENTED BY ITS
DIRCTOR OPERATIONS-INDIA
MR ANUP KUMAR SAHU. ...PETITIONER
(By Sri. K R ANAND, ADV.)
AND :
MR V BALA KUMAR
S/O K VEERA RAGHAVAN
AGED ABOUT 57 YEARS
PROPRIETOR OF
M/S J B SANITATIONS
2
NO.30, 'SHIVA SADAN'
2NDFLOOR,
M S R E COLLEGE ROAD
MATHIKERE
BANGALORE-560 054. ...RESPONDENT
(By Sri. N G SREEDHAR, ADV.)
THIS PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS & QUASH THE ORDER DATED 16.6.2012
PASSED IN O.S. NO.198/2010 PASSED BY THE FAST
TRACK JUDGE, DEVANAHALLI COURT, IN DISMISSING I.A.
NO.I, i.e. AN APPLICATION FILED UNDER SEC. 7 & 8 OF
THE ARBITRATION AND CONCILIATION ACT, 1996 R/W
SECTION 151 OF THE CODE OF CIVIL PROCEDURE AT
ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioner who is defendant in O.S.No.198/2010 on the file of Fast Track Court, Devanahalli is before this Court praying for quashing the Order dated 16.06.2012 passed on I.A.I filed in the above said suit at Annexure 'A'.
2. Learned counsel for the petitioner submits that 3 there is an arbitration clause and according to the arbitration clause 15.3 disputes or difference in connection with the contract shall be determined by arbitration and the arbitration shall be administered by an Administration Board in accordance with the rules of conciliation and arbitration with the International Chamber of Commerce. Decision of such Arbitration Chamber shall be final and binding upon the parties. He also submits that the Trial Court erred in rejecting the application filed under Sections 7 and 8 of the Arbitration and Conciliation Act to adjudicate as to the maintainability of the suit solely on the ground that written statement was not filed by the defendant. He further submits that as per the direction of this Court on 10.04.2013, the petitioner has filed written statement denying the averments of the plaint and there is a dispute between the parties and it is for the respondent/plaintiff to seek for adjudication of the 4 matter as per Clause 15.3 of the arbitration clause of the contract. Therefore, he submits that the impugned Order may be quashed.
3. Learned counsel for respondent submits that there is no illegality or infirmity in the impugned Order.
4. Learned counsel for respondent admits that there is a written contract and as per Clause 15.3, clause provides for adjudication of all disputes by arbitration in Singapore. The Trial Court erred in jumping to a conclusion that there was no dispute. The petitioner/defendant has filed written statement in the suit. The Trial Court to re-consider the application, in accordance with law.
5. In the result, I pass the following Order:
The petition is allowed and the impugned Order dated 16.06.2012 passed on I.A.I filed in O.S.No.198/2010 on the file of Fast Track Court, Devanahalli, is quashed and the matter is remitted back 5 to the Trial Court to afford an opportunity of hearing to the advocates and dispose off the matter, in accordance with law.
Sd/-
JUDGE bnv*