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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Ashok S.Kinagi
Popspace Technologies Private Limited – Appellant
Versus
Ace Turtle Omni Private Limited – Respondent
ORDER :
Ashok S.Kinagi, J.
1. This Civil Miscellaneous petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act") for adjudication of the disputes between the parties to the petition in terms of Clause (15.2) of the Retail Services Agreement dated 13.06.2024 vide Annexure “A”, as per the provisions of the Act.
2. Brief facts leading rise to the filing of this petition are as follows:
3. The petitioner and M/s.Lulu International Shopping Mall Limited entered into a Leave and License Agreement dated 28.03.2024 regarding the retail space admeasuring 6,124 square feet in carpet area and 10,166 square feet in chargeable area, located at Unit No.SF-03, 2nd floor, Lulu Mall, Gopalpur, Bengaluru-560023. In terms of the Retail Service Agreement entered into between the parties, the respondent was deemed to have commenced its business operations in retail space.
4. The respondent, in breach of its obligation under the Agreement, failed to make payments due and payable thereunder to the petitioner despite several reminders from the petitioner. The petitioner issued a legal notice on 02.12.2024 to the respondent highlighting various breaches of the A
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