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TMI Blog2021 (7) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... l notice dated 16.12.2020 calling upon the respondent to convey willingness for accepting the nomination by the petitioner, but the respondent has failed to signify such acceptance. Smt. H.S.Kamala, retired District Judge, is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the arbitration proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre - Petition allowed. - CIVIL MISCELLANEOUS PETITION NO. 53/2021 - - - Dated:- 22-6-2021 - THE HON BLE MR.JUSTICE B.M.SHYAM PRASAD PETITIONER: SRI.SRIDHAR CHAKRAVARTHI M V., ADVOCATE RESPONDENT: SRI.M.V. VEDAMURTHY., AD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 35,118/- relying upon a certain opinion of the Finance Department on the impact of reduction in the applicable GST rate from 28% to 18%. The respondent is called upon to furnish invoice at such rate and this would be impermissible and contrary to the terms of the contract. The respondent has refused to consider rolling back the unilateral decision to pay as per the agreed cost per unit. Therefore, the petitioner has caused the legal notice dated 16.12.2020 invoking the arbitration Clause nominating a Retired District Judge as the Sole Arbitrator for reference of the dispute. The respondent has issued reply notice dated 15.01.2021 reiterating its stand asserting that the agreement cannot be invoked in the absence of a dispute for arbitrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be within the fold of a dispute contemplated for resolution by arbitration under the agreement dated 31.08.2017. The petitioner has invoked the arbitration Clause in issuing the legal notice dated 16.12.2020 calling upon the respondent to convey willingness for accepting the nomination by the petitioner, but the respondent has failed to signify such acceptance. Therefore, the following ORDER [a] The petition is allowed, and Smt. H.S.Kamala, retired District Judge, No.41, 'Akshaya', Aniketana South 3rd Cross, Kuvempu Nagar, Mysuru 23 [Mob. 9449707788] is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and respondents and conduct the arbitration proceeding at the Arbitration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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