Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Ashok S.Kinagi
Popspace Technologies Private Limited – Appellant
Versus
Ace Turtle Omni Private Limited – Respondent
| Table of Content |
|---|
| 1. jurisdiction of arbitrator based on arbitration clause (Para 1) |
| 2. petitioner's claims about breach of contract. (Para 2 , 3 , 4 , 5 , 6) |
| 3. process of invoking arbitration and appointment of arbitrator (Para 7) |
| 4. arguments from both parties regarding arbitration. (Para 8 , 9 , 10) |
| 5. court's analysis of arbitration clause applicability. (Para 11 , 12 , 13 , 14) |
| 6. decision to appoint the arbitrator. (Para 15) |
| 7. court's final order on the petition. (Para 16) |
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, G
Arbitration clauses in agreements impose a duty to resolve disputes through arbitration if amicable negotiation fails, as per the Arbitration and Conciliation Act, 1996.
The court affirmed that contractual disputes necessitate arbitration per the agreement terms, allowing the appointment of arbitrators to resolve the issue.
Court determined that disputes arising from a Joint Venture Agreement should be resolved through arbitration as stipulated in the agreement, emphasizing the significance of adhering to the arbitratio....
Disputes arising from contractual agreements should be resolved through arbitration as stipulated in the arbitration clause, reinforcing parties' obligations.
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 court has authority under Section 11(5) of the Arbitration and Conciliation Act, 1996, to appoint an Arbitrator to resolve disputes as per the Distributor's Agreement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
