Karnataka High Court
M/S Tungabhadra Boadr vs M/S Simhapuri Agri Tech on 28 October, 2024
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NC: 2024:KHC-D:15647
CMP No. 100006 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CIVIL MISC PETITION NO. 100006 OF 2023 (-)
BETWEEN:
SRI. MOLLURU NEELAKANTA REDDY,
M/S TUNGABHADRA BOARD,
REPRESENTED BY ITS EXECUTIVE ENGINEER,
LLC DIVISION,
BALLARI-583101.
...PETITIONER
(BY SMT. ANURADHA DESHPANDE, ADVOCATE)
AND:
1. M/S SIMHAPURI AGRI TECH
CO (P) LIMITED A PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER,
HAVING ITS OFFICE AT NO.318,
"SRI SOUDHA",
ASHPAK
KASHIMSA
100 FEET ROAD,
MALAGALADINNI
INDIRA NAGAR,
BANGALORE-560008.
Location: 2. M/S SIMHAPURI AGRI TECH
HIGH
COURT OF
CO(P) LIMITED A PARTNERSHIP FIRM,
KARNATAKA REPRESENTED BY ITS MANAGING PARTNER,
HAVING ITS BRANCH OFFICE AT,
COLLEGE ROAD,
HOSPET - 583201.
3. SRI. J. SRINIVASULU SON J. RANGAREDDY,
PARTNER,
M/S KALPAVRIKSHA,
OIL PALM (P) LTD.,
FORMLY SIMHAPURI AGRI. TECH CO.PVT.LTD.,
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NC: 2024:KHC-D:15647
CMP No. 100006 of 2023
OIL PALM PROJECT,
H.NO. 263,
PRANJYOTHI NILAYAM,
OPP. PWD OFFICE (NH-13),
AMARAVATHI COLLEGE ROAD,
HOSPET-583201.
4. SRI. VHAKTHA VATSALAREDDY
SON OF SRINIVASULU REDDY,
AGE: MAJOR,
BUSINESS,
BOTH ARE PARTNERS,
HAVING ITS BRANCH OFFICE AT COLLEGE ROAD,
HOSPET-583201.
5. M/S KALPAVARISHA OIL PALM (P) LTD,
BY ITS MANAGER,
FORMERLY,
M/S SIMPHAPURI AGRI TECH,
COMPANY(P) LTD.,
OIL PALM PROJECT,
HOUSE NO. 263,
PRANJYOTHI NILAYA,
OPPOSITE TO NH- 13 PWD,
OFFICE COLLEGE ROAD,
AMARAVATHI,
HOSPET-583201.
6. M/S KALPAVRISHA OIL PALM(P) LTD.
BY ITS MANAGER,
FORMERLY,
M/S SIMPHAPURI AGRI.TECH,
COMPANY(P) LTD.,
OIL PALM PROJECT,
REPRESENTED BY ITS MANAGING DIRECTOR,
HEAD OFFICE NO.59, (OLD NO.23)
CHINNATNAMBI STREET,
KOSEPETH,
CHENNAI - 600012.
7. M/S KALPAVRISHA OIL PALM (P) LTD BY ITS
MANAGER,
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NC: 2024:KHC-D:15647
CMP No. 100006 of 2023
FORMERLY M/S SIMPHAPURI AGRI TECH,
COMPANY (P) LTD.,
OIL PALM PROJECT,
REPRESENTED BY ITS DIRECTOR CUM CHIEF
EXECUTIVE SRI. VINOTH,
HEAD OFFICE NO.59,
(OLD NO.23),
CHINNATNAMBI STREET,
KOSEPETH, CHENNAI - 600012.
...RESPONDENTS
(BY SRI. V.P. VADANI & SRI. S.S. BALAGANUR, ADV.S FOR R5)
THIS CMP FILED UNDER SECTION 11(6) OF THE
ARBITRATION AND CONCILIATION ACT, PRAYING TO ALLOW
THIS PETITION AND APPOINT AN ARBITRATOR FOR AND ON
BEHALF OF THE RESPONDENT AS PER CLAUSE 23 OF THE
LEAVE AND LICENSE AGREEMENT DATED 23-03-2002 FURTHER
MODIFIED AGREEMENT DATED 18-04-2011 (ANNEXURE- "A"
AND "B") AND PASS SUCH OTHER ORDERS AS DEEMED FIT IN
THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:15647
CMP No. 100006 of 2023
CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
This petition is filed seeking appointment of the
Arbitrator to resolve dispute between the parties.
2. Learned counsel for the petitioner and
respondents jointly submit that there exists an arbitration
clause and they request the Court to appoint suitable
Arbitrator.
3. This Court has asked the parties to suggest the
name of the Arbitrator and both the parties jointly submit
that Sri. Justice A.V. Chandrashekhar, the retired High
Court Judge be appointed as Arbitrator to resolve the
dispute.
4. Registry shall send copy of this Order to Sri.
Justice A.V. Chandrashekhar, the Arbitrator and also to
Arbitration and Conciliation Centre (Domestic &
International) at Bengaluru.
NC: 2024:KHC-D:15647
5. The proceedings shall be governed by the Rules
governing Arbitration and Conciliation Centre (Domestic &
International) at Bengaluru
6. All contentions available in law are kept open.
7. Hence, the petition is allowed.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RKM
CT:ANB
