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2022 Supreme(Online)(Kar) 53295
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CMP No. 19 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL MISC. PETITION NO. 19 OF 2021
BETWEEN:
M/S SHAH FOUNDATION
A PUBLIC CHARITABLE TRUST HAVING
ITS OFFICE AT 55, SARAT BOSE ROAD
KOLKATA - 700 025
REP BY ITS MANAGING TRUSTEE
MR. VARUN SHAH
&PETITIONER
(BY SRI. ARJUN RAO, ADVOCATE)
AND:
GUERRILLA INFRA SOLUTIONS PRIVATE LIMITED
A COMPANY WITHIN THE MEANING OF
THE COMPANIES ACT 2013
HAVING ITS REGISTERED OFFICE AT
PRESENTLY NO. 69
SECOND FLOOR, REGAL BUILDING
CONNAUGHT CIRCUS, NEW DELHI - 110 001
REP BY ITS AUTHORISED SIGNATORY
&RESPONDENT
(BY SMT. ANURADHA DUTT AND
SRI. CHAITANYA KAUSHIK, ADVOCATES)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT
AN ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE
PARTIES ARISING OUT OF THE LEASE DEED DATED 4TH OCTOBER
2016 AND ETC.
Digitally signed by
POORNIMA
SHIVANNA
Location: HIGH
COURT OF
KARNATAKA
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CMP No. 19 of 2021
THIS CMP COMING ON FOR ADMISSION, THIS DAY THE
COURT MADE THE FOLLOWING:
1.
The petitioner is before this Court seeking for the
following reliefs:
a. Appoint an Arbitrator to adjudicate the disputes
between the Parties arising out of the Lease Deed
dated 4th October 2016.
b. Direct the Respondent to pay the cost of the present
Petition to the Petitioner.
c. Grant any other such and further releif(s) as this
Hon'ble Court deems fit and proper to grant, in the
circumstances of this case, in the interest of justice
and equity.
2.
The petitioner and the respondent had entered a
Lease Deed dated 04.10.2016. The said Lease Deed
is governed by Clause 16 being an arbitration clause,
which is extracted hereunder for easy reference:
<16.ARBITRATION:
Any disputes or differences arising out of, incidental
to our
touching this Lease
in
any manner
whatsoever shall be referred to arbitration under
the provisions of the Arbitration and Conciliation
Act, 1996.=
3.
There being certain disputes, the petitioner has
invoked the arbitration clause vide its letter dated
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08.09.2020. The respondent replied to the same by
its letter dated 23.09.2020 not agreeing for the
nominee arbitrator appointed by the petitioner but
nominated its own arbitrator. Being not agreeable to
the same, the petitioner is before this Court.
4.
The only dispute is as regards the arbitrator to be
appointed. In view thereof, I pass the following:
ORDER
i.
Shri.Radhakrishna Holla K., a retired District
Judge
of
Karnataka
District
Judiciary
is
appointed as an arbitrator to adjudicate the
dispute between the parties under the aegis of
the Arbitration Centre.
ii.
Registry is directed to forward a copy of this
order to the Director, Arbitration Centre for
doing needful.
iii.
Accordingly, this petition stands disposed.
Sd/-
JUDGE
Prs*
