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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Ravikumar Rajendraprasad, S/o Rajendra Prasad – Appellant
Versus
Biofi Medical Healthcare India Pvt.Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioners seek arbitration based on shareholders' agreement. (Para 3) |
| 2. respondents argue against arbitration due to prior litigations. (Para 4 , 5 , 6 , 7) |
| 3. respondents assert non-signatory status and dismissal of petitions. (Para 8 , 9 , 10) |
| 4. court reviews dispute resolution clauses and prior actions. (Para 12 , 13) |
| 5. court highlights issues of forum shopping and bifurcation. (Para 14 , 15 , 16) |
| 6. court appoints arbitrator based on contract clause. (Para 17) |
| 7. all claims to be adjudicated by arbitrator; petitions disposed. (Para 18 , 19 , 20) |
ORDER :
E.S. INDIRESH, J.
These petitions are filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator for adjudication of disputes between the parties in terms of clause 17.9 of the Shareholders' Agreement Dated 12th October, 2020.
2. Heard learned counsel appearing for the parties.
3. Sri. Paaras Pandey and Sri. Erathi Anudeep, learned counsel on behalf of Sri. Srikanth V.K, appearing for the petitioners, by referring to clause 17.9 of the Shareholders' Agreement dated 12th October, 2020 contended that the petitioners have been ousted by majority of the shareholders a
The court affirmed the petitioners’ right to arbitration despite previous court actions, establishing that disputes under the Shareholders' Agreement are arbitrable according to Section 11(6) of the ....
Appointment of Arbitrator - Issue with respect to arbitrability of dispute is to be decided by Arbitrator.
The court confirmed that disputes between shareholders are arbitrable under the Arbitration and Conciliation Act, emphasizing the limited scope of examination regarding the existence of an arbitratio....
The court's examination under Section 11(6A) of the Arbitration and Conciliation Act is limited to determining the existence of an arbitration agreement, with substantive issues reserved for the arbi....
The court confirmed the arbitrability of disputes arising from contractual breaches and appointed a sole Arbitrator as per the Arbitration and Conciliation Act, 1996, ensuring all matters remain open....
The court emphasized the importance of compliance with the arbitration and Conciliation act, 1996 and directed the appointment of arbitrators as per the agreement reached by the parties.
The court's decision emphasized the appointment of an arbitrator and the allowance of all contentions to be urged and contested in the arbitral proceedings.
The court's decision emphasized the importance of appointing the same arbitrator to hear disputes related to the same composite transaction to avoid conflicting findings.
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