Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 56323 (KAR)

M/S M-10 UNIFORMS v. M/S ZEVEN SPORTS PRIVATE LIMITED

CMP/224/2024 · 2025-09-25

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38850 CMP No. 224 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 224 OF 2024 BETWEEN: 1. M/S M-10 UNIFORMS HAVING OFFICE AT SHOP NO.2/A, LATHIWALA APARTMENT, NEAR SALES TAX OFFICE, CIRCLE MAZAGOAN, MUMBAI-40010 REKPRESENTED BY PRIPRIETOR MR.DILIP KUMAR JAIN. …PETITIONER (BY SRI. PRASHANT KUMAR, ADVOCATE) AND: 1. M/S ZEVEN SPORTS PRIVATE LIMITED REGISTERED ADDRESS AT #183/4, THINDLU ROAD, KODIGEHALLI, VIDYARANYAPURA POST, BANGALORE, KARNATAKA-560097 ALSO HAVING OFFICE AT SX SPORTS PRIVATE LIMITED, HAVING REGISTERED OFFICE AT A1, SILVER OAKS, KESINGTON CROSS ROAD, ULSOOR, BANGALORE, INDIA. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38850 CMP No. 224 of 2024 REPRESENTED BY ITS AUTHORIZE SIGNATORY MR.ASHUL VYAS. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT) This Civil Misc. Petition is filed under Sec.11(5) of the Arbitration and Conciliation Act 1996, R/W Clause 2 of the appointment of arbitrators by the Chief justice of Karnataka High Court Scheme 1996 praying to a retired Judge of District Court as Sole Arbitrator to adjudicate the disputes arising out of the Distributors Agreement dated 09.07.2018 Clause XIX vide Annexure - A between the parties herein, in the interest of justice and equity. This petition, coming on for admission, this day, order was made therein as under: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The respondent is served, and remained absent. Hence, notice to respondent is held sufficient. 2. This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator based on Clause-XIX of the Distributor's Agreement dated 09.07.2018 (Annexure-A to the petition). 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has taken notice in respect of the directors of the respondent - Company. - 3 - HC-KAR NC: 2025:KHC:38850 CMP No. 224 of 2024 4. Having heard the learned counsel for the petitioner, and on perusal of Clause-XIX of the Distributor's Agreement dated 09.07.2018 (Annexure-A), I am of the view that, the petitioner has made out a case for appointment of Arbitrator for resolution of the dispute between the parties. 5. Taking into consideration Clause-XIX of Annexure-A to the petition, I am of the view that Sri S R Somashekhar, Retired District Judge be appointed as the Arbitrator for resolution of the dispute between the parties. The Sole Arbitrator is appointed to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru. Accordingly, Civil Miscellaneous Petition is disposed of. 6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru for proceeding further in the matter. - 4 - HC-KAR NC: 2025:KHC:38850 CMP No. 224 of 2024 8. Registry is directed to return all original documents produced by the parties after obtaining photostat copy of the same. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 3 Sl No.: 19