IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE Mr. JUSTICE B. VEERAPPA CIVIL MISCELLANEOUS PETITION No.237/2019 BETWEEN:
M/s. Handiman Services Limited, Having its registered office at No.3, 15th Cross, Kolandappa Garden, Gajendra Nagar, Anepalya, Adugodi Post, Bengaluru – 560 030.
Presently having its office at No.3/1, Infants 28th Avenue, 2nd and 3rd Floor, Srinivagilu Main Road, Ejipura Junction, Indiranagar, Koramangala, Bengaluru – 560 047 Rep. by its Authorized representative Mr. Vishwanath ... Petitioner (By Sri. Joshua H. Samuel, Advocate) AND:
Earthern Elements Inc. Having its registered office, No.110/2, Harlur Road, Hosur Layout, K.G.Halli, Ashok Nagar, Bengaluru – 560 012.
Presently having its office at 81, 216/2, Varthur Road, Nagavarapalya, C.V.Raman Nagar, Bengaluru – 560 093. Respondent This Civil Miscellaneous Petition is filed under Section 11(4) & (6) of the Arbitration and Conciliation Act, 1996 praying to appoint an Advocate as the Sole Arbitrator to constitute the Arbitral Tribunal or such other person to adjudicate upon the dispute between the parties under the Agreement dated 19.03.2016 and consequently refer the dispute to Arbitration.
This petition coming on for Orders, this day, the Court made the following:-
O R D E R Office has posted the matter for orders regarding maintainability of the present petition.
2. In view of Part 10 – Governing Laws and Settlement of Dispute in Agreement dated 19.03.2016, the venue for the Arbitration will be Mumbai and the decision of the arbitrator shall be final and binding on the parties. This contract shall be subject to the exclusive jurisdiction of the Courts in Mumbai.
3. In view of the above, office objection regarding maintainability of the petition is upheld.
4. Learned counsel for the petitioner has filed a memo for withdrawal of the petition with liberty to the petitioner to seek appropriate remedy as available under Part 10 of the Agreement dated 19.03.2016.
Memo is placed on record.
In view of the above memo, Civil Miscellaneous Petition is hereby dismissed as withdrawn with liberty as prayed for.
Sd/-
JUDGE SV/-