Orissa High Court
ARBP/104/2024 of M/S SAMVI HI FRESH FOODS PVT. LTD., BBSR Vs M/S TROPICATURE AGRO PVT. LTD. on 3 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK ARBP No.104 of 2024 M/s. Samvi Hi Fresh Foods Private Limited, Bhubaneswar …. Petitioner Mr. Sailaza Nandan Das, Advocate -versus- M/s. Tropicature Agro Private Limited, Karnataka and others …. Opposite Parties None CORAM: HON’ BLE
IN THE HIGH COURT OF ORISSA AT CUTTACK
ARBP No.104 of 2024
M/s. Samvi Hi Fresh Foods Private
Limited, Bhubaneswar
….
Petitioner
Mr. Sailaza Nandan Das, Advocate
-versus-
M/s. Tropicature Agro Private
Limited, Karnataka and others
….
Opposite Parties
None
CORAM:
HON’ BLE THE CHIEF JUSTICE
Order No.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
03.07.2026
02.
1. The instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short, ‘the Act’) for appointment of an Arbitrator was admitted on 29th January 2025, wherein a direction was passed upon the petitioner to serve the copy of the said application upon the opposite parties.
2. It appears that the service has been affected upon the opposite parties No.2 and 3, but there is no representation on their behalf when the matter is taken out.
3. The Share Purchase Agreement was entered into between the parties to the said proceeding on 10th December 2021, wherein opposite parties No.2 and 3 agreed to sell the share to the petitioner at a consideration mentioned therein. Subsequent to the said agreement, the shares were not transferred despite repeated requests having made in this regard and ultimately, the petitioner invoked the arbitration clause, which runs thus: “6. MISCELLANEOUS xxx 6.2 Governing Law &Dispute Resolution
a. This Agreement shall be governed and construed in accordance with the laws of India.
b. If any dispute arises between the Seller(s) and Purchaser(s) during the subsistence of this Agreement or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (“Dispute”), each of the said Party shall Endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
c. In the event the Dispute is not settled in accordance with the above sub-clause, either of the Seller or the Purchaser shall be entitled to serve a notice in writing referring the Dispute to arbitration to be conducted under the provisions of the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed mutually by both the parties.
d. The venue of arbitration shall be Bhubaneswar, Orissa and the proceedings of arbitration shall be in the English language.
e. Each party to the Dispute shall bear its own legal costs, in relation to the arbitration proceedings and share among themselves equally the fee and other expenses payable to arbitrator(s), or as otherwise decided by the arbitrator.
f. Subject to the dispute resolution mechanism agreed hereinabove, the courts at Bhubaneswar, Orissa shall have the exclusive jurisdiction to entertain any dispute arising out of this Agreement.”
4. The notice invoking the arbitration clause is annexed to the instant application, which appears to have been sent on 12th September, 2024 through email, but there is no response from the end of the opposite parties. The arbitration clause postulates that in the
event, the dispute arises between the seller and the purchaser in relation to the terms and conditions embodied in the said agreement, it is to be resolved through arbitration. Since the dispute has arisen and this Court finds the agreement does not appear to be invalided for any reason nor is otherwise incompatible with any of the prohibitory provisions, this Court, therefore, allows the instant application.
5. After considering the nature of the dispute and the claim so raised, Mr. Justice C.R. Dash, former Judge of this Court is appointed as the Arbitrator, who shall decide the dispute between the parties immediately upon communication of the instant order and determine the dispute raised by the parties. The arbitration shall take place under the aegis of the High Court of Orissa Arbitration Centre. Remuneration of the Arbitrator shall be equally paid by the parties as per the 4th Schedule appended to the said Act. The Arbitrator shall make efforts to adhere the time limit set forth in Section 29A of the said Act.
6. This arbitration application is thus disposed of.
(Harish Tandon)
Chief Justice
M. Panda Digitally Signed Signed by: MRUTYUNJAYA PANDA
Reason:
Authentication Location: High Court of Orissa, Cuttack Date: 08-Jul-2026 14:41:04 Signature Not Verified