M/S RE SUSTAINABILITY LIMITED v. BELGAUM CITY CORPORATION
Court: High Court of Karnataka
Bench: ANANT RAMANATH HEGDE
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-04. M/S RE SUSTAINABILITY LIMITED v. BELGAUM CITY CORPORATION. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - CMP No. 100025 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH TH DATED THIS THE 4 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CIVIL MISC PETITION NO. 100025 OF 2024 (-) BETWEEN: M/S. RE SUSTAINABILITY LIMITED LEVEL 11B, AUROBINDO GALAXY CITY HYDERABAD KNOWLEDGE CITY HYDERABAD, TELANGANA - 500 0881. …PETITIONER (BY SRI. A B PATIL, SRI. MADAPUR MATRUGUPTA MISHRA, SMT. SONAKSHI, SRI. MUKUT CHOUDHARY, SRI. HARSH JAIN AND SMT. AKANKSHA V. INGOLE, ADVOCATES) AND: BELGAUM CITY CORPORATION CTS NO 4821/27A RSNO 1005, SUBHASH NAGAR, BELAGAVI KARNATAKA- 590 016. ASHPAK …RESPONDENT KASHIMSA MALAGALADINNI (BY SRI. VINAYA S. KOUJALAGI, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING Location: TO DECLARE THAT THE MANDATE OF THE LD. SOLE ARBITRATOR HIGH APPOINTED BY THIS HON’BLE COURT VIDE ORDER DATED COURT OF 15. 11. 2023 IN CMP NO.
100012 OF 2023 TO ADJUDICATE THE KARNATAKA ARBITRATION PROCEEDINGS BEARING ARB P. NO. 02/2023 STANDS TERMINATED IN ACCORDANCE WITH SECTION 14 OF THE ACT AND APPOINT AN INDEPENDENT SOLE ARBITRATOR AS A SUBSTITUTED ARBITRATOR IN TERMS OF SECTION 15 OF THE ACT TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES AND DIRECT THAT THE ARBITRATION PROCEEDINGS BEFORE THE SUBSTITUTED ARBITRATOR BE RESUMED AND CONTINUED FURTHER WITH THE SAME SET OF PLEADINGS AS ON RECORD. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - CMP No. 100025 of 2024 CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed to substitute the arbitrator, who has withdrawn from the arbitration proceedings. The records would reveal that in terms of earlier order, the arbitrator was appointed and later he has withdrawn from the proceeding. Hence, the present application is filed to substitute the arbitrator. 2.
Learned counsel for the petitioner and respondent jointly submit that Dr. Justice H. B. Prabhakar Shastry, the retired judge of this Court be appointed as an arbitrator. 3. The submission is placed on record. 4. Dr. Justice H. B. Prabhakar Shastry is appointed as the arbitrator. 5. It is further stated by both the counsel that the arbitrator shall proceed with the arbitration proceedings from the stage where it has stopped. Submission is placed on record. - 3 - CMP No. 100025 of 2024 6. The Registry shall communicate this order to Dr. Justice H. B. Prabhakar Shastry and the arbitration proceeding shall commence from the stage where it has stopped and be proceeded in accordance with law. 7. The learned counsel jointly submit that the arbitration proceeding shall be held at Bangalore Arbitration Centre. Submission is placed on record. The proceedings shall be held at the Bangalore Arbitration Centre. 8. The former arbitrator, Justice A. S.
Pachhapure is requested to transmit the entire records of the arbitration proceeding to the Arbitration Centre, Bengaluru. The petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE RKM CT:ANB List No. : 1 Sl No. : 22
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.