Chalikonda Enterprises, Inc. v. Northpoint Computer Systems, LLC
Connecticut General Statutes §52-420(b) provides that "[n]o motion to vacate, modify or correct an award may be made after 30 days from the notice of the award to the party to the arbitration who makes the motion." An arbitrator issued an award for IrisIntelli Solutions, Inc. against the defendant, Northpoint Computer Systems, LLC. With no opposition, the trial court granted IrisIntelli's application to confirm the award. The defendant filed a motion to re-argue or reconsider claiming that IrisIntelli was not a legal entity entitled to commence a proceeding in the Superior Court. Following a hearing, the court found that the defendant had entered into an agreement signed by Prasad Chalikonda on behalf of IrisIntelli, as president, calling for Prasad Chalikonda to provide certain consulting services starting July 14, 2008. Chalikonda established Chalikonda Enterprises, Inc. on July 7, 2008. Chalikonda, as president of Chalikonda Enterprises, did not register the trade name IrisIntelli Solutions, Inc. until Aug, 6, 2010. The court vacated its July 6, 2010 judgment confirming the award finding that it lacked subject matter jurisdiction because IrisIntelli was not a legal entity. The court dismissed the action without prejudice to the institution of a new proceeding in the name of a proper party. Chalikonda Enterprises, Inc. filed an application to confirm the arbitration award. The court granted the application and denied the defendant's motion to dismiss claiming that the court lacked subject matter jurisdiction because the plaintiff had no connection to the arbitration proceeding and lacked standing. The defendant appealed. The Appellate Court affirmed the judgment. Although the first confirmation proceeding was dismissed because IrisIntelli was not a legal entity, the present proceeding to confirm the award was brought by Chalikonda Enterprises seeking payment for the services performed by its employee and officer, Prasad Chalikonda, under its trade name, IrisIntelli. The trial court found that the defendant's claim that the plaintiff, Chalikonda Enterprises, had no relationship to the arbitration proceeding for the services provided by its employee lacked merit. The Appellate Court agreed and concluded that the record supported the court's findings of fact and legal conclusion to confirm the award. The record disclosed that no motion was filed within 30 days of the arbitration award as required by C.G.S. §52-420(b) to vacate, modify or correct the award.