M/S KEI RSOS MARITIME LTD v. MANGALORE REFINERY AND
CMP/350/2024 · 2025-09-18
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78098 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78098 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:37569 CMP No. 350 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.350 OF 2024 BETWEEN:
1.
M/S KEI RSOS MARITIME LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT D.NO.70-17A/2/9B, SASIKANTH NAGAR, KAKINADA GUNTUR, ANDHRA PRADESH - 533 003, INDIA, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CAPTAIN AJEETH L. JAGAVKAAR. …PETITIONER (BY SMT. LEKHA CHANDRASHEKAR, ADVOCATE FOR SRI. RAGHURAM CADAMBI, ADVOCATE)
AND:
1.
MANGALORE REFINERY AND PETROCHEMICALS LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT P.O KUTHETHOOR, VIA KATIPALLA, MANGALURU - 575030 (INDIA) REPRESENTED BY ITS CHAIRMAN, MR. ARUN KUMAR SINGH
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:37569 CMP No. 350 of 2024
…RESPONDENT (BY SMT. APURVA SHARMA, ADVOCATE FOR SMT. BEENA P.K., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, R/W THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT AN ARBITRATOR TO CONSTITUTE SINGLE MEMBER ARBITRAL TRIBUNAL TO ADJUDICATE/RESOLVE THE DISPUTES BETWEEN PARTIES, IN ACCORDANCE WITH PROVISIONS OF SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT,
1996. AS PER TENDER AGREEMENT DATED 06.07.2015 VIDE (ANNEXURE-B) ARBITRATION CLAUSE 17, AND PURCHASE
ORDER DATED 07.12.2015 (ANNEXURE-Q).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties.
2. In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Tender Agreement dated 06.07.2015 (Annexure- B) in
- 3 -
HC-KAR NC: 2025:KHC:37569 CMP No. 350 of 2024
accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).
3. Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 17 of the Tender Agreement dated 06.07.2015 (Annexure-B), I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.
4. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri. D R Venkatasudarshan, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.
5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal.
- 4 -
HC-KAR NC: 2025:KHC:37569 CMP No. 350 of 2024
6. 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.
7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
8. Since the parties are represented through their
learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 16.10.2025 at 11 a.m., without waiting for further notice in this regard.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 2 Sl No.: 3