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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S KINAGI
G4S Secure Solutions (India) Pvt. Ltd. – Appellant
Versus
CGI Information Systems and Management Consultants Pvt. Ltd. – Respondent
ORDER :
1. This Civil Miscellaneous Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an Arbitrator to resolve the dispute that has arise between the parties in terms of clauses 14 and 25 of the service agreements dated 31.03.2016 and dated 19.09.2016 vide (Annexure-A and B) respectively, as per the provisions of the Arbitration and Conciliation Act, 1996.
2. Brief facts leading rise to the filing of this petition are as follows:
The petitioner is involved in the business of providing security and related services to its customers. The respondent is engaged in software development and providing consultancy services, including strategic IT and business consulting, systems integration, intellectual property, and etc.
3. In 2016, the respondent approached the petitioner to avail security services as the premises of the respondent at Divyasree Technopolis, 124-125 Yemlur Main Road, Off Airport Road Yemlur, P.O. Bangalore - 560037 and to that effect executed a Service Agreements dated 31.03.2016 (effected from 01.04.2016) and 19.09.2016, in lieu whereof, the consideration, being the payments for the services to be disbursed by
The scope of judicial intervention under Section 11 of the Arbitration and Conciliation Act is limited to the existence of the arbitration agreement; questions of limitation are to be determined by t....
The referral court under Section 11 of the Arbitration and Conciliation Act must determine the prima facie existence of an arbitration agreement and appoint an arbitrator if satisfied.
The arbitration application under Section 11(6) was not barred by limitation as it was filed within three years from the date of notice invoking arbitration, factoring delays linked to the Covid-19 e....
Arbitration clauses in agreements impose a duty to resolve disputes through arbitration if amicable negotiation fails, as per the Arbitration and Conciliation Act, 1996.
Claims for arbitration must be raised promptly upon accrual of rights; failure to do so results in dismissal due to limitation.
The court appointed an arbitrator as the parties consented to arbitration under the existing arbitration clause, complying with statutory requirements.
The court affirmed that contractual disputes necessitate arbitration per the agreement terms, allowing the appointment of arbitrators to resolve the issue.
The main legal point established in the judgment is the narrow scope of examination of the existence of an arbitration agreement under Section 11 of the Arbitration and Conciliation Act, 1996, and th....
The court's decision was influenced by the application of the prima facie test to determine the time-barred nature of the substantive claim and the justifiability of declining reference to arbitratio....
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