Karnataka High Court
Sri Ravindra Gangadhar vs Jabm One Source Pvt Ltd on 5 June, 2023
Author: R Devdas
Bench: R Devdas
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CMP No. 903 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL MISC. PETITION NO. 903 OF 2022
BETWEEN:
SRI RAVINDRA GANGADHAR
S/O B M GANGADHARA
REP BY HIS AUTORIZED
SPECIAL POWER OF ATTORNYE HOLDER
SRI.B.M GANGADHARA
S/O LATE MOOGOORAIAH
AGED ABOUT 74 YEARS
PRESENTLY R/AT NO.29,
2ND STAGE, 2ND BLOCK
1ST B MAIN ROAD
NAGARABHAVI, NEAR B DA COMPLEX
BENGALURU NORHT
Digitally signed by BANGALORE 560 040
DHARMALINGAM
Location: HIGH
...PETITIONER
COURT OF
KARNATAKA (BY SRI. H B RUDRESH., ADVOCATE)
AND:
1. JABM ONE SOURCE PVT LTD
HVAING REGISTERED OFFICE AT
254/185/26, 2ND MAIN
BASWER SANNIDHI
ACHI ASHIRVAD-2
NEELADRI LAYOUT
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CMP No. 903 of 2022
DODDATHOGURU ROAD,
BENGALUR 560 100
REPRESENTED BY ITS
DIRECTORS AND AUTHORIZED SIGNATORY
[email protected]
AND ALSO AVAILABLE AT
HAVING BRANCH OFFICE AT
2ND MAIN ROAD,
NILA INVESTMENT LAYOUT
BETTADASPURA
ELECTRONIC CITY PHASE-1
BENGALURU 560 100
2. MR. RVSN ANE RAM TEJA ARIGELA
DIRECTOR OF JABM ONE SOURCE PVT LTD
HAVVING OFFICE AT
254/185/26, 2ND MAIN
BASWER SANNIDHI
ACHI ASHIRVAD-2
NEELADRI LAYOUT
DODDATHOGURU ROAD,
BENGALURU 560 100
[email protected]
AND ALSO AVAILABLE AT
2ND MAIN ROAD,
NILA INVESTMENT LAYOUT
BETTADASPURA
ELECTRONIC CITY PHASE-1
BENGALURU 560 100
3. MR. SUNILMORE SHIVAJI RAO
DIRECTOR OF JABM ONE SOURCE PVT LTD
HAVVING OFFICE AT
254/185/26, 2ND MAIN
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CMP No. 903 of 2022
BASWER SANNIDHI
ACHI ASHIRVAD-2
NEELADRI LAYOUT
DODDATHOGURU ROAD,
BENGALURU 560 100
[email protected]
AND ALSO AVAILABLE AT
2ND MAIN ROAD
NILA INVESTMENT LAYOUT
BETTADASPURA
ELECTRONIC CITY PHASE-1
BENGALURU 560 100
4. MR. SHIVAKUMAR G
AUTHORISED SIGNATORY OF
JABM ONE SOURCE PVT LTD
HAVING REGISTERED
OFFICE AT
254/185/26, 2ND MAIN
BASWER SANNIDHI
ACHI ASHIRVAD-2
NEELADRI LAYOUT
DODDATHOGURU ROAD,
BENGALURU 560 100
[email protected]
AND ALSO AVAILABLE AT
2ND MAIN ROAD,
NILA INVESTMENT LAYOUT
BETTADASPURA
ELECTRONIC CITY PHASE-1
BENGALURU 560 100
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CMP No. 903 of 2022
5. MR. BHASKAR BARGASAHYAM
S/O MARGHAHAYA
R/AT NO. BLOCK NO.4
UNIT NO. 053, SHOBA VALLEY
VIEW HERITAGE, IOPP TO V LEGACY
MARRIAGE HALL, V LEGACY ROAD,
HOSKEREHALLI, UTTARAHALLI HOBLI
BENGALURU 560 098
bhaskarsigma @gmail.com
...RESPONDENTS
(BY SRI. VINAYAKA V.S.,ADVOCATE FOR R5
V/O. DATED 21.04.2023, NOTICE TO R1 TO R4
IS H/S)
THIS CIVIL MISC. PETITION IS FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION
ACT 1996, PRAYING TO (A) ALLOW THE ABOVE
PETITION AND APPOINT ANY HONBLE RETIRED
DISTRICT JUDGE ON THIS HONBLE COURT DEEMS FIT
SO THAT THE LEARNED ARBITRATOR MAY ENTER ON
REFERENCE AND RESERVE AND DECIDE THE DISPUTE
BETWEEN THE PETITIONER AND 1ST AND 2ND
RESPONDENTS AS PER THE PROVISION OF THE
ARBITRATION AND CONCILIATION ACT, 1996.
THIS PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
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CMP No. 903 of 2022
R. DEVDAS J., (ORAL):
ORDER
This Miscellaneous Civil Petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, the 'Act')seeking appointment of a sole arbitrator to resolve the dispute and difference between the parties herein in terms of Clause-21 of the Service Agreement dated 06.02.2020 at Annexure-B.
2. The petitioner being the owner of the immovable property bearing Block No.4, Unit No.4053, Sobha view - Heritage, V-Legacy road, Uttarahalli Hobli, Bangalore South Taluk, entered into a service agreement with the first respondent - M/s JABM One Source Private Limited, of which the other respondents are directors and authorized signatories. The petitioner offered the immovable property to the respondents, to manage and -6- CMP No. 903 of 2022 maintain the property on certain terms and conditions. It was agreed that the respondents shall pay Rs.38,000/- per month towards the rent and that the petitioner herein shall pay Rs.9,999/- as annual service charges.
3. It is the contention of the petitioner that the respondent defaulted in payment of the rentals as agreed upon. However, the first respondent issued two cheques and they came to be dishonoured and therefore the petitioner filed a private complaint before the Chief Metropolitan Magistrate, Bengaluru for offences punishable under sections 138 of the Negotiable Instruments Act, 1881. In that regard, a notice was also issued to the first respondent on 22.04.2022 at Annexure-K, calling upon the first respondent to pay all the outstanding rents within a period of 15 days from the date of the receipt of the notice. There was no reply from the respondents. Thereafter, another -7- CMP No. 903 of 2022 notice dated 26.09.2022 at Annexure-L was issued by the petitioner invoking the arbitration clause contained in the agreement calling upon the first respondent to come forward to appoint an arbitrator who could decide the dispute between the parties. The learned counsel submits that there has been no response from the respondents for both the notices.
4. Materials have been placed before this Court along with the memorandum of petition showing that the notices issued to the first respondent and the other respondents have been received by them. Notices issued by this Court have been served on all the respondents. The fifth respondent, though has engaged a learned counsel, nevertheless there has been no representation for the respondents from the past three hearings. -8- CMP No. 903 of 2022
5. Since there is no contest at the hands of the respondents, this Court has to accept the contention of the petitioner. The submissions of the learned counsel for the petitioner have been verified by this Court and on going thorough the material available on record, it is found that there is a service agreement entered into between the parties on 06.02.2020 at Annexure-B and clause 21 of the Service Agreement contains the arbitration clause and the jurisdiction is agreed to be Bangalore. Having been satisfied that the petitioner has fulfilled all the requirements as provided in Section 11 of the Act, this Court proceeds to pass the following:
ORDER
(a) The petition is allowed appointing Shri C.R. Benakanalli, retired District and Sessions Judge, as the sole arbitrator to enter reference -9- CMP No. 903 of 2022 of the disputes between the petitioner and the respondents and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre.
(b) All contentions inter se parties are left open for adjudication in the arbitration proceedings.
(c) The office is directed to communicate this order to the Arbitration and Conciliation Centre and to Shri C.R. Benakanalli, retired District and Sessions Judge, as required under the
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CMP No. 903 of 2022
Arbitration and Conciliation Centre Rules, 2012.
Sd/-
JUDGE NV