Karnataka High Court
Mr Ananth Parimi vs M/S Smartowner Services India Private ... on 22 February, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
C.M.P. NO.382/2021
C/W
C.M.P.NO. 383/2021, C.M.P.NO. 384/2021,
C.M.P.NO. 385/2021, C.M.P.NO. 386/2021,
C.M.P.NO. 388/2021 C.M.P.NO. 389/2021,
C.M.P.NO. 390/2021, C.M.P.NO. 391/2021,
C.M.P.NO. 392/2021, C.M.P.NO. 393/2021,
C.M.P.NO. 394/2021
IN C.M.P.NO.382/2021:
BETWEEN:
MR ANANTH PARIMI
S/O LATE HANUMANTHA RAO PARIMI,
AGED ABOUT 50 YEARS,
PRESENTLY RESIDING AT 253,
RIBBON LEAF VIEW,
SUWANEE, GA 30024, USA,
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER,
MR. NARASIMHA MURTHY N,
S/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS,
RESIDING AT NO.41/1, 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE-560013.
...PETITIONER
(BY SRI. P B AJIT, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956,
REGISTERED OFFICE AT GROUND FLOOR,
ALPHA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066.
REPRESENTED BY ITS FOUNDER CHAIRMAN
AND CEO MR. VIKRAM CHARI
2
ALSO AT
M/s. SMART OWNER SERVICES INDIA PRIVATE LIMITED
8TH FLOOR, DELTA BLOCK
SIGMA TECH PARK
VARTHUR - WHITEFIELD MAIN ROAD
BENGALURU - 560 066.
2. M/S SILVER STREAM DEVELOPERS PVT LTD
A COMPANY INCORPORATED UNDER THE PROVISIONS OF
COMPANIES ACT 1956,
REGISTERED OFFICE AT NO.500,
EMBASSY CROWN, AGA ABBAS ALI ROAD,
BENGALURU-560042.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR.JAYAPRAKASH YADAV.
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 02/03/2016
(PRODUCED AS ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 01/04/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBITRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU, TO SERVE THE INTEREST OF JUSTICE AND
EQUITY.
IN C.M.P.NO 383/2021:
BETWEEN:
MRS. USHA RANI
W/O JOGINDER PAUL GARG
AGED ABOUT 65 YEARS
R/AT VIVEK SADAN
VIJAY NAGAR, TOTU SHIMLA,
SHIMLA 171011.
HIMACHAL PRADESH.
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHA MURTHY N
S/O LATE NARAYANA SWAMY
AGED ABOUT 40 YEARS
R/AT NO.41/1, 1ST MAIN ROAD,
3
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560013.
...PETITIONER
(BY SRI. P B AJIT, ADVOCATE)
AND:
1. M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956,
REGISTERED OFFICE AT GROUND FLOOR,
ALPHA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066.
REPRESENTED BY ITS FOUNDER CHAIRMAN
AND CEO MR. VIKRAM CHARI
ALSO AT
M/s. SMART OWNER SERVICES INDIA PRIVATE LIMITED
8TH FLOOR, DELTA BLOCK
SIGMA TECH PARK
VARTHUR - WHITEFIELD MAIN ROAD
BENGALURU - 560 066.
2. M/S PINEHILL PROPRETIES PRIVATE LIMITED,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013,
REGISTERED OFFICE AT NO.500,
EMBASSY CROWN, AGA ABBAS ALI ROAD,
BENGALURU-560042.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS ANAMIKA SINHA.
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 21/08/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 26/09/2016(PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
4
IN C.M.P.NO.384/2021:
BETWEEN:
MR. SOUMYA RANJAN CHHATOI
S/O NIRANJAN CHHOTOI
AGED ABOUT 40 YEARS
PRESENTLY R/AT NO. 4327
BAYHEAD CT, APT-2C, AURORA
ILLINOIS 60504, USA
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHA MURTHY
S/O LATE NARAYANA SWAMY
AGED ABOUT 40 YEARS
R/AT NO. 41/1, 1ST MAIN ROD,
5TH CROSS, JALAHALLI VILLAGE
BANGALORE 560 013.
...PETITIONER
(BY SRI. P B AJIT, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT M/S SMART OWNER SERVICES
INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
5
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 08/06/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 15/11/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN C.M.P.NO.385/2021:
BETWEEN:
MR. SHREEDHAR SINGH,
S/O THULJARAM SINGH,
AGED ABOUT 56 YEARS,
PRESENTLY R/A 1813,
TREEHOUSE LANE,
PLANO 75023, TEXAS, USA,
REP BY HIS SPECIAL POWER OF ATTORNEY HOLDER
MR NARASIMHA MURTHY,
S/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS,
R/AT 41/1, 1ST MAIN ROAD
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560 013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
6
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 26/04/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 29/07/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN C.M.P.NO.386/2021:
BETWEEN:
MRS. SMIJA VINOTH,
D/O JOHN ISSAC MULARICKAL,
AGED ABOUT 42 YEARS,
PRESENTLY R/A NO A3,
SRADDHA RESIDENCY, 1ST CROSS,
KAGGADASAPURA,
BANGALORE 560093.
REP BY HER SPECIAL
POWER OF ATTORNYE HOLDER
MR VINOTH J
S/O JOSEPH VARKEY P
AGED ABOUT 49 YEARS
R/AT A-3, SRADDHA RESIDENCY
1ST CROSS, KAGGADASAPURA
C V RAMAN NAGAR, BANGALORE 93
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
7
AND:
1. M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS
FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI ,
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN, AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
MS ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 28/01/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 12/07/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
8
IN C.M.P.NO.388/2021:
BETWEEN:
MR. RAJNEESH LAKHOTIA,
S/O ANAND SWARUP LAKOHTIA,
AGED ABOUT 60 YEARS,
PRESENTLY R/AT 177,
TANJONG RHU ROD, 19-17,
THE WATERPLACE CONDO,
SINGAPRE 436 607.
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHA MURTHY
S/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS,
R/AT NO. 41/1 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560 013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS. ANAMIKA SINHA
... RESPONDENTS
9
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 08/02/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 01/07/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN C.M.P.NO.389/2021:
BETWEEN:
MR. TRINADH NAGAREDDY,
S/O MR. GANDHI NAGIREDDY,
AGED ABOUT 43 YEARS
PRESENTLY R/AT NO. 2950,
ANNAPOLIS WAY, CUMMING,
GA, 30041 USA.
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHA MURTHY N,
S/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS
RA/TNO. 41/1, 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560 013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
10
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS. ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 24/03/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 07/02/2016 AND 22/07/2016
(PRODUCED AS ANNEXURE-C) BE PLEASED TO APPOINT ANY
RETIRED JUDGE OF THIS HON'BLE COURT AS THE SOLE
ARBTIRATOR TO ADJUDICATE THE DISPUTE ARISING OUT
OF THE AFORESAID AGREEMENTS, IN RESPECT OF THE
CLAIMS RAISED BY THE PETITIONER AND THE
RESPONDENTS BEFORE THE KARNATAKA ARBITRATION
CENTRE, BENGALURU TO SERVE THE INTEREST OF JUSTICE
AND EQUITY AND ETC.,
IN C.M.P.NO.390/2021:
BETWEEN:
MR. KORUKONDA MURALI KRISHNA,
S/O KODUKONDA SRINIVASA RAO,
AGED ABOUT 33 YEARS
PRESENTLY R/AT 02-137
BLOCK 37, TANGLIN HALT ROAD,
SINGAPORE 140037.
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHA MURTHY N,
S/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS,
R/AT NO.41/1, 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE,
11
BANGALORE 560013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS. ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 17/04/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 27/07/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
12
IN C.M.P.NO.391/2021:
BETWEEN:
MR ANANTH PARIMI,
S/O LATE HANUMAHTA RAO PARIMI
AGED ABOUT 50 YEARS,
PRESENTLY RESIDING AT
253 RIBBON LEAF VIEW,
SUWANEE, GA 30024, USA
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR. NARASIMHAMURTHY N
S/O LATE NARAYANA SWAMY
AGED ABOUT 40 YEARS,
R/AT NO.41/1, 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE ,
BANGALORE 560013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTRED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S REGAL DWELLING PVT LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT
REGISTERED OFFICE AT NO. 500
EMBASSY CROWN, AGA ABBAS ALI ROAD,
BENGALURU 560 042.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. RAHUL AGARWAL
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
13
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 29/02/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 01/04/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN C.M.P.NO.392/2021:
BETWEEN:
GOKUL HRISHIKESH PILLAI,
S/O HRISHIKESH PILLAI,
AGED ABOUT 34 YEARS
PRESENTLY R/AT NO. 1024
BUILDING 3A, RUTU RIVER ESTATES
NEAR AGARWAL COLLEGE KALYAN WEST
GANDHAR, KALYAN 421301,
MAHARASHTRA.
REPRESENTED BY HIS SPECIAL
POWER O ATTORNEY HOLDER
MR. NARASIMHA MURHTY N
S/O LATE NARAYANA SWMAY
AGED ABOUT 40 YEARS
R/AT NO. 41/1, 1ST MAIN ROAD,
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
14
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS. ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 03/06/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 29/11/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
IN C.M.P.NO.393/2021:
BETWEEN:
MR. ANUBHAV BHATT
S/O MR RAJIV LOCHAN BHATT
AGED ABOUT 38 YEARS,
PRESENTLY R/AT NO 600,
RAINBOW DRIVE, APARTMENT 225,
MOUNTAIN VIEW, CA 94041 USA.
REPRESENTED BY HIS SPECIAL
POWER OF ATTORNEY HOLDER
MR NARASHIMHA MURTHY N,
S/O LATE NARAYANA SWAMY
AGED 40 YEARS
R/AT NO 41/1, 1ST MAIN ROAD
5TH CROSS, JALAHALLI VILLAGE,
15
BANGALORE 560013.
...PETITIONER
(BY SRI. AJIT P B, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560 066
REPRESENTED BY ITS FOUNDER CHAIRMAN AND CEO
MR. VIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LIMITED.,
8TH FLOOR, DELTA BLOCK,
SIGMA TECH PARK,
VARTHUR WHITEFIELD MAIN ROAD,
BENGALURU 560066
2. M/S PINEHILL PROPERTIES PRIVATE LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 2013
REGISTERED OFFICE AT NO. 500,
EMBASSY CROWN AGA ABBAS ALI ROAD,
BENGALURU 560 042
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MS. ANAMIKA SINHA
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 16/06/2016
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 01/07/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
16
IN C.M.P.NO.394/2021:
BETWEEN:
MR ANUBHAV BHATT
S/O MR RAJIV LOCHAN BHATT,
AGED ABOUT 38 YEARS,
PRESENTLY R/AT NO 600,
RAINBOW DRIVE, APARTMENT 225,
MOUNTAIN VIEW, CA 94041 USA.
REP BY HIS SPECIAL POWER OF ATTORNEY HOLDER
MR NARASHIMHA MURTHY
S/O LATE NARAYANA SWAMY N,
AGED 40 YEARS
R/AT NO 41/1, 1ST MAIN ROAD
5TH CROSS, JALAHALLI VILLAGE,
BANGALORE 560013.
...PETITIONER
(BY SRI. P B AJIT, ADVOCATE)
AND:
1. M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT GROUND FLOOR
ALPHA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFILED MAIN ROAD,
BENGALURU 560066.
REP BY ITS FOUNDER CHAIMAN AND CEO
MR BIKRAM CHARI
ALSO AT
M/S SMART OWNER SERVICES INDIA PRIVATE LITD
8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK,
VARTHUR WHITEFILED MAIN ROAD,
BENGALURU 560066.
2. M/S SLIVER STREAM DEVELOPERS PVT LTD
A COMPANY INCORPORATED UNDER
THE PROVISIONS OF COMPANIES ACT 1956
REGISTERED OFFICE AT NO 500,
EMBASSY CROWN, AGA ABBAS ALI ROAD,
BENGALURU 560042.
REP BY ITS AUTHORIZED SIGNATORY
MR JAYPRAKASH YADAV
... RESPONDENTS
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION FILED UNDER
SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT
17
1996, PRAYING THAT IN TERMS OF CLAUSE 11 OF THE
MASTER SERVICE AGREEMENT DATED 24/12/2015
(PRODUCED ANNEXURE-A) AND CLAUSE 5.7 OF THE
BOOKING AGREEMENT DATED 20/06/2016 (PRODUCED AS
ANNEXURE-C) BE PLEASED TO APPOINT ANY RETIRED
JUDGE OF THIS HON'BLE COURT AS THE SOLE ARBTIRATOR
TO ADJUDICATE THE DISPUTE ARISING OUT OF THE
AFORESAID AGREEMENTS, IN RESPECT OF THE CLAIMS
RAISED BY THE PETITIONER AND THE RESPONDENTS
BEFORE THE KARNATAKA ARBITRATION CENTRE,
BENGALURU TO SERVE THE INTEREST OF JUSTICE AND
EQUITY AND ETC.,
THESE CIVIL MISCELLANEOUS PETITIONS ARE
COMING ON FOR ADMISSION THIS DAY THROUGH PHYSICAL
HEARING, THE COURT MADE THE FOLLOWING:-
ORDER
These petitions having common questions of law & facts seek appointment of Sole Arbitrator for adjudging the disputes in question.
2. After service of notice respondents having entered appearance through their advocate vehemently oppose the petitions. They have also filed their Statement of Objections individually, resisting the petitions.
3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to appoint a Sole Arbitrator for the following reasons:
a) There are two agreements, one dated 02.03.2016 wherein Clause 11 provides for arbitration of the disputes 18 and the other dated 01.04.2016 wherein Clause 5.7 provides for the same. there is no dispute about the agreements in question nor about the existence of Arbitration Clauses.
b) Petitioners had sent legal Notices asking the respondents to agree for nomination for Arbitrator for adjudging the disputes in question; the respondents had sent a common reply to each of the petitioners; the existence of subject agreements and Arbitration Clauses therein are also admitted; however, they contend that there was no apparent dispute warranting invocation of the Arbitration Clauses; the said contention cannot be accepted for two reasons; apparently, there is some dispute and whether there is actually a dispute or not is a question that falls within the domain of Arbitrator; the Writ Court cannot a take deeper examination thereof.
c) The vehement contention of learned counsel for the respondents that the first respondent has nothing to do with the disputes in question does not again merit a deeper examination at the hands of this Court inasmuch as, the entire amount allegedly is received by the said respondent, although his stake in that was only 6% by way 19 of commission; these are the aspects which the Arbitrator has to look into.
In the above circumstances, these petitions filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 are allowed by appointing Sri Vishwanath Angadi, a retired District Judge to enter into the said reference of Arbitration and to act as the Sole Arbitrator each of the cases in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the extant Rules.
(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) Registry is directed to return the original documents if any, produced by the parties after obtaining photostat copies of the same for the file.
No costs.
Sd/-
JUDGE Bsv