IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA C.M.P.No.329/2018 BETWEEN:
SV EDUSPORTS PRIVATE LIMITED REGISTERED OFFICE AT NO.111, BRIGADE MANAE COURT, KORAMANGALA INDUSTRIAL LAYOUT, BENGALURU-560034.
REP DBY ITS FINANCE ASSISTANT, Mr. SRIKANT H.R. ...PETITIONER (BY Ms. GAUTHAMI S. BHANDARY, ADV. FOR SRI B.K.PRASHANTH, ADV.) AND:
ROYALE CONCORDE INTERNATIONAL SCHOOL RUN BY ROYAL CONCORDE EDUCAITONAL TRUST, 6TH B MAIN, KALYAN NAGAR, HRBR LAYOUT, 2ND BLOCK, BENGALURU-560043.
REP BY ITS PRINCIPAL Ms. REKHA VINOD. …RESPONDENT (BY SRI NATARAJU T., ADV. FOR SRI HARSHA D. JOSHI, ADV.) THIS C.M.P. IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTING SUITABLE PERSON AS THE SOLE ARBITRATOR FOR THE RESOLUTION OF THE DIFFERENCES, CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES IN CONNECTION WITH THE SAID AGREEMENT DATED 27.05.2016 (ANNEXURE-A) HEREIN.
THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has filed the present Civil Miscellaneous Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, to appoint sole arbitrator to resolve the dispute between the parties in terms of Clause 8 of the agreement dated 27.5.2016.
2. When the mater came up before this court on 11.7.2019, Sri. Nataraju, learned counsel for the respondent submitted that the respondent is ready to pay the amount of Rs.10,14,507/- in favour of the petitioner. Accordingly, today Sri. Nataraju, learned counsel for the respondent has tendered a cheque bearing No.188633 dated 18.8.2019 for Rs.10,14,507/- in favour of the petitioner and handed over the same to Ms.Gouthami S.
Bhandary, learned counsel for the petitioner, in the open court.
3. In view of the above, the learned counsel for the petitioner Ms.Gouthami S. Bhandary submits that the petition may be disposed off. The petitioner has agreed to receive the said cheque subject to its realization and agreed for settlement of Rs.10,14,507/- instead of Rs.15,65,625/-. However, If the cheque is dishonoured, it is always open for the petitioner to revive this petition and initiate criminal proceedings against the respondent in accordance with law.
In view of the above, Civil Miscellaneous Petition is disposed off.
Sd/- JUDGE Dvr: