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2025 DAILYLAW 68704 (KAR)

VERODATATEX INDIA PVT. LTD., v. MS/. JAIPUR RUGS

CMP/602/2024 · 2025-08-13

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31342 CMP No. 602 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.602 OF 2024 BETWEEN: VERODATATEX INDIA PVT. LTD. REP. BY ITS FINANCE MANAGER, MR. GOPIKRISHNA PURUSHOTHAM HAVING ITS OFFICE AT: NO.180, 1ST FLOOR, MFAR SILVERLINE TECH PARK, EPIP ZONE, WHITEFIELD, BENGALURU - 560 066. …PETITIONER (BY SRI. VENKATARAGHAVAN R., ADVOCATE) AND: M/S. JAIPUR RUGS REP. BY ITS AUTHORIZED SIGNATORY MR. MAHESH KUMAR AGARWAL, HAVING ITS OFFICE AT: G-250, NEW SANGANEER ROAD, RICO, INDUSTRIAL AREA, MANASAROVAR, JAIPUR, RAJASTHAN - 302 020. …RESPONDENT (BY SRI. SANJAY SUGUMARAN, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT MR. S. SRIRANGA, DESIGNATED SENIOR ADVOCATE, AS THE ARBITRATOR FOR THE Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31342 CMP No. 602 of 2024 RESOLUTION OF THE DISPUTE ARISING FROM THE CONTRACT DATED 16TH DECEMBER, 2022 BETWEEN THE PETITIONER AND THE RESPONDENT AS MENTIONED IN ARBITRATION CLAUSE- 19 VIDE ANNEXURE-B; CONFIRM BENGALURU AS THE SEAT OF ARBITRATION IN LINE WITH THE PROPOSAL MADE BY THE PETITIONER IN ITS NOTICE DATED 29TH AUGUST, 2024. BELOW SINCE NOTICE NOT YET ORDERED)USKRN 03.03.2025. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for resolution of the dispute arising from the contract dated 16th December, 2022 (Annexure-B) between the petitioner and the respondent as per clause 19 of the Agreement and to confirm the seat of arbitration in line with the proposal made by the petitioner in its notice dated 29th August, 2024. 2. Heard Sri. Venkataraghavan R., learned counsel appearing for the petitioner and Sri. Sanjay Sugumaran, learned counsel appearing for the respondent. - 3 - HC-KAR NC: 2025:KHC:31342 CMP No. 602 of 2024 3. Learned counsel appearing for the parties have filed joint memo dated 13.08.2025, which reads as under: "JOINT MEMO FILED BY THE COUNSEL FOR PETITIONER AND RESPONDENT Pursuant to the directions of this Hon'ble Court, the parties hereby submit this Joint Memo, affirming their agreement to designate Mumbai as the seat and venue of the arbitration. The parties respectfully request this Hon'ble Court to appoint an Arbitrator to conduct the proceedings in Mumbai. It is further submitted that both parties have agreed to conduct the Arbitration on an ad-hoc basis subject to the provisions of the Arbitration and the Conciliation act, 1996, with the understanding that the specific venue for the day to day proceedings in Mumbai may be mutually decided between the parties. The parties also mutually agree to submit to the exclusive jurisdiction of the Hon'ble Bombay High Court for any further proceedings pursuant to the seat and venue of the arbitration being Mumbai. The parties pay that this Hon'ble Court may be pleased to accept this Joint Memo in the interest of justice and equity and pass such orders as this Hon'ble may deem fit and necessary." 4. Having heard the learned counsel appearing for the parties and taking into consideration the fact that the parties - 4 - HC-KAR NC: 2025:KHC:31342 CMP No. 602 of 2024 have mutually agreed in terms of joint memo to have exclusive jurisdiction of Mumbai Centre for Arbitration under the supervision of the Bombay High Court at Mumbai, Sri. R.K. Deshpande, Former Judge of Bombay High Court is appointed as Arbitrator for resolving the dispute between the parties. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. A Copy of this order be sent forthwith to Mumbai Centre for Arbitration under the supervision of Bombay High Court, Mumbai for proceeding further in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 14