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2025 DAILYLAW 56791 (KAR)

M/S RAKESH REXINE HOUSE v. M/S DUROFLEX PRIVATE LIMITED

CMP/383/2025 · 2025-07-29

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29124 CMP No. 383 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.383 OF 2025 BETWEEN: 1. M/S RAKESH REXINE HOUSE NO. 468, MINT STREET, CHENNAI - 600 079, MAYUR KUMAR, S/O ASHOK KUMAR. …PETITIONER (BY SRI. SUHAS P., ADVOCATE) AND: 1. M/S DUROFLEX PRIVATE LIMITED OFFICE AT NO.508, 1ST FLOOR, 6TH CROSS, 6TH MAIN, ST BED LAYOUT, KORAMANGALA 4TH BLOCK, BENGALURU - 560034. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE. …RESPONDENT THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SUBSTITUTE AND APPOINT AN ARBITRATOR IN THE PLACE OF HON'BLE JUSTICE MR. K.SRIDHAR RAO TO ENTER UPON REFERENCE AND DECIDE THE DISPUTES ARISING BETWEEN THE PARTIES UNDER TH DISTRIBUTORSHIP AGREEMENT DATED 14.01.2018 AND THUS RENDER JUSTICE AND PASS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29124 CMP No. 383 of 2025 SUCH OTHER RELIEFS WHICH THIS HON'BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER I have heard Sri. Suhas P., learned counsel appearing for the petitioner. 2. In this petition, the petitioner is seeking substitution and appointment of new Arbitrator. 3. Having heard the learned counsel appearing for the petitioner, I am of the view that, it is open for the petitioner herein to make necessary application in CMP No.617 of 2022 disposed of on 17.01.2024 (Annexure-E), seeking appointment of new Arbitrator in substitution of earlier Arbitrator appointed by this Court and therefore, appointment of new arbitrator in the present petition does not arise for consideration. - 3 - HC-KAR NC: 2025:KHC:29124 CMP No. 383 of 2025 Accordingly, the petition is disposed of as this petition is not maintainable under Section 11(6) of the Arbitration and Conciliation Act, 1966. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 4