AVERY DENNISON INDIA PRIVATE LIMITED v. INDIA CARES FOUNDATION
CMP/394/2023 · 2025-10-10
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82210 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82210 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:40150 CMP No. 394 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 394 OF 2023 BETWEEN:
AVERY DENNISON INDIA PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P-24, GREEN PARK EXTENSION, NEW DELHI-110016 REPRESENTED BY ITS REGIONAL DC MANAGER MR SHANMUGARAJ SUNDARAM
…PETITIONER (BY SRI. CHRISTOPHER E.,ADVOCATE)
AND:
1. INDIA CARES FOUNDATION M-Z HOUSE, 1ST FLOOR, 65/E, MILLERS ROAD, BENGALURU-560046 REPRESENTED BY ITS CEO AND AUTHORIZED REPRESENTATIVE MS MEENA DAVE
2. DHARTIE WARRIOR FOUDNATION HAVING ITS REGISTERED OFFICE AT NO.390, SECTOR 15 PARK -1 GURGAON 122001 HARYANA REPRESENTED BY ITS DIRECTOR
…RESPONDENTS (BY SRI. ANANDITA SRINIVASAN., ADVOCATE FOR R1; R2-SERVED)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:40150 CMP No. 394 of 2023
THIS CMP IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 (AS AMENDED), PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO A PASS AN ORDER CONSTITUTING AN ARBITRAL TRIBUNAL BY APPOINTING MR. PRAKASH KUMAR, RETIRED DISTRICT JUDGE, EMPANELED WITH THE ARBITRATION AND CONCILIATION CENTRE, BENGALURU (DOMESTIC AND INTERNATIONAL) AS THE SOLE ARBITRATOR FOR ADJUDICATING THE DISPUTES BETWEEN THE PARTIES, IN ACCORDANCE WITH CLAUSE 10.3 OF THE SERVICE AGREEMENT DATED 10.03.2023, PRODUCED AT ANNEXURE A, AND THE CONTINUATION AGREEMENT DATED 01.02.2022 PRODUCED AT ANNEXURE B.
THIS CMP, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; a. Pass an order constituting an Arbitral Tribunal by appointing Mr. Prakash Kumar, Retired District Judge, empaneled with the Arbitration and Conciliation Centre, Bengaluru (Domestic and International) as the Sole Arbitrator for adjudicating the disputes between the parties, in accordance with clause 10.3 of the Service Agreement dated 10.03.2021 produced at Annexure-A, and the continuation Agreement dated 02.02.2022 produced at Annexure-B
b. Pass such other or further orders this Hon’ble Court may deem fit in the facts and circumstances of this case or as per the Arbitration clauses referred to above, in the interest of justice and equity and,
c. Pass orders directing the R1 to pay the costs of these proceedings to the petitioner.
- 3 -
HC-KAR NC: 2025:KHC:40150 CMP No. 394 of 2023
2. After arguing for sometime, the learned counsel for the petitioner seeks permission to withdraw the above petition with liberty to avail the alternate remedies which are available under law. 3. Reserving such liberty, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 1 Sl No.: 111