GANESH CO-OPERATIVE CREDIT SOCIETY LTD., vs. THE INCOME-TAX OFFICER,

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ITA/100011/2015HC KarnatakaKAHC02004944201521 September 2015Bench: ANAND BYRAREDDY,S.SUJATHA3 pages
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What did the High Court hold?

The High Court found the issues and contentions to be similar to a related case. The court decided to appoint a sole arbitrator to resolve the dispute, keeping open all contentions of the parties on merits to be urged before the arbitrator.

What were the facts?

The petitioner, Patil Constructions Infrastructure Private Limited, filed a petition seeking the appointment of a sole arbitrator to resolve a dispute with the respondents. The respondents raised objections to the appointment.

What were the issues?

The primary issue was the appointment of a sole arbitrator to adjudicate the dispute between the parties. The respondents had raised objections to this appointment.

Which sections of the Income-tax Act were involved?

Section 11(6)

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 7TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE A.S.BOPANNA CMP No.100011 OF 2015

BETWEEN:

PATIL CONSTRUCTIONS INFRASTRUCTURE PRIVATE LIMITED 2ND AND 3RD FLOOR PMPML, COMMERCIAL BUILDING NO.1, OPPOSITE INCOME TAX BUILDING, SHANKARSHETH ROAD, SWARGATE, PUNE-411042 STATE OF MAHARASHTRA, RPTD. BY ITS P.A.HOLDER, AUTHORIZED SIGNATORY, SHRI RAVINDRANATH R.H. S/O RAYANNA, AGE: 28 YEARS,OCC: SERVICE R/O: NO. 45, 4609, 6TH FLOOR PALACE ROAD, BENGALURU.

… PETITIONER (BY SRI. DINESH M. KULKARNI, ADV.)

AND:

1.

THE EXECUTIVE ENGINEER, P.W.P AND INLAND WATER TRANSPORT DEPARTMENT BELAGAVI DIVISION, FORT (IWT), BELAGAVI.

2.

THE ASSISTANT EXECUTIVE ENGINEER P.W.P AND INLAND WATER TRANSPORT DEPARTMENT (IWT) SUB DIVISION NO.1, FORT, BELAGAVI.

… RESPONDENTS (BY SRI RAVI V. HOSMANI, AGA)

THIS CIVIL MISCELLANEOUS PETITION IS FILED U/S.11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996, PRAYING TO APPOINT ANY ONE OF THE ARBITRATOR SHOWN IN ANNEXURE TO CLAUSE 24 OF GENERAL CONDITIONS OF AGREEMENT VIDE ANNEXURE-D, VIDE KPWD/2010-11/RD/WORK-INDENTS 5689.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The instant petition is filed seeking appointment of the sole arbitrator to resolve the dispute between the parties. The issues as raised in this petition including the objections raised on behalf of respondent is similar to the contentions that had been raised for consideration before this Court in CMP No.100010/2015, wherein a consideration has been made by this Court and through the order passed this day, Sri. S. Ramdas, Civil Engineer, has been appointed as the sole arbitrator.

2.

Hence, for the reasons as indicated therein, this petition is also disposed of by keeping open of all contentions of the parties on merits to be urged before the Arbitrator. Accordingly, Sri S. Ramdas, Civil Engineer, Chief Engineer (Retd.), KPWD is appointed to act as the sole arbitrator.

3 3. Registry to dispatch a copy of this order to the Arbitration Centre, Bengaluru. The petitioners, to also file their claim statement before Arbitration Centre, Bengaluru. 4. The Arbitrator shall issue notice to the parties and thereafter proceed further in the matter in accordance with law and the proceeding be held in terms of the provisions contained in Arbitration and Conciliation Act, 1996 and the Rules governing in the Arbitration Centre, Bengaluru. Registry to return the papers, if any, sought by the learned Counsel for the petitioner.

Accordingly, the petition is disposed of.

Sd/- JUDGE

MNS/

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