IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION NO.254/2018 BETWEEN:
A & A Dukaan Financial Services Private Limited A Company registered under the Indian Companies Act, 1956 Having its registered office at 3rd Floor, Hameedia Center, 14/43 Haddows Road, Nungambakkam, Chennai – 600 006.
Represented by Associate Vice President. Mr.Sachin Saurabh.
... Petitioner (By Sri.Dore Raj B.H., Advocate) AND:
Oriental Bank of Commerce Plot No.5, Sector 32, Institutional Area, Gurgaon, Haryana – 122001.
Represented by its General Manager S K Kakkar.
... Respondent This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act 1996, praying this Hon’ble Court to: a) Exercise the power under Section 11 of the Arbitration and Conciliation Act, 1996 and appoint a sole Arbitrator to resolve the dispute involved that has arisen between the petitioner Company and the respondent in respect with Digital Marketing Services Agreement dated: 29.07.2016 (“the Agreement”) and Arbitration Notice dated: 06.07.2018 in the interest of justice and equity; b) Appoint Justice Mr.Shylendra Kumar, Former Judge of High Court of Karnataka or any other as Arbitrator as this Hon’ble Court deems fit and proper; c) Cost of the proceedings; d) Grant such other reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
This petition coming on for Orders, this day, the Court made the following:
ORDER Office has raised objection with regard to the maintainability of Jurisdiction of the Court in view of Clause 12.1 of Digital Marketing Services Agreement as per Annexure – ‘A’.
2. Sri.Dore Raj B.H., learned counsel for petitioner submits that in view of Clause 13.3, it states that the Arbitration shall be governed by the Indian Arbitration and Conciliation Act, 1996. The place and seat of arbitration shall be Bengaluru and the language of the arbitration shall be English. This Court is unable to agree in view of the Clause 12.1, which reads as under;
“12. GOVERNING LAW 12.1 This Agreement shall be governed by the laws of India and subject to the provisions of Clause 13 (Dispute Resolution), the courts at Gurgaon only shall have the exclusive jurisdiction in respect of any matter or dispute connected with this Agreement.”
3. This Agreement is governed by the laws of India and subject to provisions in Clause 13 of the Digital Marketing Services Agreement for disputed resolution, the Courts at Gurgaun shall only have exclusive jurisdiction in respect of any matter or dispute connected with this Agreement.
4. In view of the above, office objection is upheld.
The Civil Miscellaneous Petition is dismissed as not maintainable. Liberty is granted to the petitioner to approach the appropriate Court as contemplated in the Agreement in accordance with law.
SD/- JUDGE NBM