Karnataka High Court
M/S Cera Sanitaryware Limited vs Mr Piyush Todi on 30 March, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
C.M.P. NO.325/2021
C/W
C.M.P.NOS.317/2021, 318/2021, 319/2021
IN C.M.P.NO.325/2021:
BETWEEN:
M/S CERA SANITARYWARE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
9 GIDC INDUSTRIAL ESTATE
KADI 382715 DISTRICT MEHSANA
GUJARAT,
REP BY JAGADEESAN MARIMUTHU
AND HAVING IT OFFICE AT
M/S CERE SANITARYWARE LIMITED
7TH AND 8THE FLOORS B WING PRIVILON
AMBLI BRTS ROAD ,
ISKON CROSS ROADS,
AHMEDBAD 380 059. GUJARAT.
...PETITIONER
(BY SRI. ADITH JAHAGIRDAR, ADVOCATE FOR
SRI. ROHAN KOTHARI, ADVOCATE)
AND:
1. MRS. PUSHPA TODI,
W/O (LATE) MR LALLAN KUMAR TODI,
RAT DIVYASHREE 77,
PLACE YEMLUR VILLA NO.EW09,
2
BEHIND OLD AIRPORT,
BANGALORE - 560 037.
2. MR. PIYUSH TODI,
W/O (LATE) MR LALLAN KUMAR TODI,
RAT DIVYASHREE 77,
PLACE YEMLUR VILLA NO.EW09,
BEHIND OLD AIRPORT,
BANGALORE - 560 037.
ALSO HAVING OFFICE AT
NO.201, 216, 1ST FLOOR, SHREE COMPLEX,
NO.73, ST. JOHNS ROAD,
BANGALORE - 560 042.
... RESPONDENTS
(NOTICE TO RESPONDENTS NO.1 &2 IS HELD SUFFICIENT
V.C.O DATED 30/03/2022)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THIS HONBLE COURT MAY BE PLEASED TO
APPOINT THE SOLE ARBITRATOR IN TERMS OF CLAUSE 24 OF
THE LEASE AGREEMENT DATED 19.05.2018 AT ANNEXURE-A
FOR ADJUDICATING/RESOLVING THE CLAIMS, DISPUTES, AND
DIFFERENCES BETWEEN THE PETITIONER AND THE
RESPONDENTS, AND GRANT SUCH OTHER AND FURTHER
RELIEFS IN FAVOUR OF THE PETITIONER IN THE INTEREST OF
JUSTICE AND EQUITY.
IN C.M.P.NO.317/2021:
BETWEEN:
M/S CERA SANITARYWARE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
9, GIDC INDUSTRIAL ESTATE, KADI 382715,
DISTRICT MEHSANA,
GUJARAT.
AND HAVING ITS OFFICE AT
M/S CERA SANITARYWARE LIMITED,
3
7TH AND 8TH FLOORS B WING, PRIVILON,
AMBLI BRTS ROAD,
ISKON CROSS ROADS,
AHMEDABAD-380 059.
GUJARAT.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. JAGADEESAN MARIMUTHU.
...PETITIONER
(BY SRI. ADITH JAHAGIRDAR, ADVOCATE FOR
SRI. ROHAN KOTHARI, ADVOCATE)
AND:
B.S.UDAY SHETTY
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO.79/A
2ND CROSS, KELAGOTE INDUSTRIAL AREA
CHITRDURGA RURAL, STATION ROAD
CHITRADURGA
KARNATAKA-577 502.
... RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO APPOINT THE SOLE ARBITRATOR IN TERMS
OF CLAUSE 24 OF THE LEASE DEED DATED 06/02/2020 AT
ANNEXURE-D FOR ADJUDICATING/RESOLVING THE CLAIMS,
DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND
THE RESPONDENT, AND GRANT SUCH OTHER AND FURTHER
RELIEFS IN FAVOUR OF THE PETITIONER IN THE INTEREST OF
JUSTICE AND EQUITY.
IN C.M.P.NO.318/2021:
BETWEEN:
M/S CERA SANITARYWARE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
9, GIDC INDUSTRIAL ESTATE, KADI 382715,
4
DISTRICT MEHSANA,
GUJARAT.
AND HAVING ITS OFFICE AT
M/S CERA SANITARYWARE LIMITED,
7TH AND 8TH FLOORS B WING, PRIVILON,
AMBLI BRTS ROAD,
ISKON CROSS ROADS,
AHMEDABAD-380 059.
GUJARAT.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. JAGADEESAN MARIMUTHU.
...PETITIONER
(BY SRI. ADITH JAHAGIRDAR, ADVOCATE FOR
SRI. ROHAN KOTHARI, ADVOCATE)
AND:
B.S.UDAY SHETTY
AGED ABOUT 34 YEARS,
RESIDING AT FLAT NO.79/A,
2ND CROSS, KELAGOTE INDUSTRIAL AREA,
CHITRADURGA RURAL STATION ROAD,
CHITRADURGA, KARNATAKA-577 502.
... RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO APPOINT THE SOLE ARBITRATOR IN TERMS
OF CLAUSE 24 OF THE LEASE DEED DATED 06/02/2020 AT
ANNEXURE-D FOR ADJUDICATING/RESOLVING THE CLAIMS,
DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND
THE RESPONDENT, AND GRANT SUCH OTHER AND FURTHER
RELIEFS IN FAVOUR OF THE PETITIONER IN THE INTEREST OF
JUSTICE AND EQUITY.
IN C.M.P.NO.319/2021:
BETWEEN:
M/S CERA SANITARYWARE LIMITED
A COMPANY INCORPORATED UNDER
5
THE COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT
9, GIDC INDUSTRIAL ESTATE, KADI 382715,
DISTRICT MEHSANA,
GUJARAT.
AND HAVING ITS OFFICE AT
M/S CERA SANITARYWARE LIMITED,
7TH AND 8TH FLOORS B WING, PRIVILON,
AMBLI BRTS ROAD,
ISKON CROSS ROADS,
AHMEDABAD-380 059.
GUJARAT.
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR. JAGADEESAN MARIMUTHU.
...PETITIONER
(BY SRI. ADITH JAHAGIRDAR, ADVOCATE FOR
SRI. ROHAN KOTHARI, ADVOCATE)
AND:
MR. PIYUSH TODI
S/O LATE MAR L K TODI,
AGED BOUT 41 YEARS,
R/AT DIVYASHREE 77,
PLACE YEMLUR, VILLA #EW09,
BEHIND OLD AIRPORT,
BANGALORE - 560 037.
ALSO HAVING OFFICE AT
NO.201, 216, 1ST FLOOR, SHREE COMPLEX,
NO.73,ST. JOHNS ROAD,
BANGALORE - 42.
... RESPONDENT
(NOTICE TO R1 & R2 IS HELD SUFFICIENT
V.C.O DATED 30.03.2022)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO APPOINT THE SOLE ARBITRATOR IN TERMS
OF CLAUSE 24 OF THE LEASE DEED DATED 15/05/2018 AT
6
ANNEXURE-A FOR ADJUDICATING/RESOLVING THE CLAIMS,
DISPUTES AND DIFFERENCES BETWEEN THE PETITIONER AND
THE RESPONDENT, AND GRANT SUCH OTHER AND FURTHER
RELIEFS IN FAVOUR OF THE PETITIONER IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE CIVIL MISCELLANEOUS PETITIONS COMING ON
FOR ORDERS THIS DAY THROUGH PHYSICAL HEARING, THE
COURT MADE THE FOLLOWING:-
ORDER
All these petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 seek appointment of an Arbitrator in terms of Arbitration Clause No.24 of the Lease Deeds dated 06.02.2020 and 14.05.2018. This Clause reads as under:
"24. All disputes and differences, which may arise between the parties hereto in respect of or arising out of these presents, shall be referred to arbitration by a sole arbitrator to be selected on mutual acceptance by both LESSEE and LESSOR."
2. Petitioner has produced evidentiary material to show that the Statutory Notices were sent to the respondents seeking nomination of an Arbitrator of their choice. These Notices were sent by Registered Post with Acknowledgement Due and the acknowledgement cards produced here show that the same were 7 served on the respondents. Despite service of notice by usual mode & by substituted mode, the respondents have chosen to remain unrepresented. However, that would not deter the Court from deploying the cause brought before it in accordance with law.
3. A perusal of the material placed on record would show that there exists an Arbitration Clause and that prima facie there is an arbitral dispute. The respondents have chosen not to respond to the Statutory Notice sent by the petitioner and to the Court Notice as well. There is no reason to disbelieve the version of the petitioner as emerging from pleadings supported by the evidentiary material on record. All these cases have kinship with each other.
In the above circumstances, these petitions are allowed by appointing Hon'ble Justice Shri Anand Byrareddy a tall and retired judge of this Court to enter into the reference of Arbitration and to act as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the extant Rules.
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(i) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter.
(ii) All contentions are kept open.
No costs.
Sd/-
JUDGE
Bsv