IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.277 OF 2018 BETWEEN:
MR. ASTHAGIRI RAMAN KRISHNAMANI SON OF A. RAMAN AGED 61 YEARS RESIDING AT RIVES DU LAC 34, COLOMBIER 2013 SWITZERLAND. …PETITIONER (BY SRI PRASHANT KAMMAR, ADV. FOR SRI PRAVEEN H.P., ADV.) AND:
M/S. LAKEPOINT BUILDERS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.154, DALAMAL TOWERS NARIMAN POINT, MUMBAI-400 021.
AND ALSO HAVING ITS OFFICE AT NO.757/B, 100 FEET ROAD HAL II STAGE, INDIRANAGAR BANGALORE-560 038 REPRESENTED BY ITS DIRECTORS. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A RETIRED JUDGE OF DISTRICT COURT AS SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING OUT OF THE AGREEMENT OF SALE DATED:10.03.2014 VIDE ANNEXURE-A AND AGREEMENT OF CONSTRUCTION DATED:10.03.2014 VIDE ANNEXURE-B BETWEEN THE PETITIONER AND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Prashant Kammar for Sri Praveen H.P., learned counsel for petitioner.
None for respondent though served.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. After hearing the learned counsel for petitioner and from the perusal of records, it is evident that the agreement of sale and agreement of construction was entered into between the parties on 10.03.2014. The aforesaid agreements contain an arbitration clause namely, clause No.20 and clause No.16 respectively and the dispute has arisen between the parties in relation to the aforesaid agreements. In that regard, the petitioner had sent a notice on 15.03.2018 invoking the arbitration clause. However, the respondent did not respond to the same.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Arbitration and Conciliation Act, 1996 as well as taking into account the fact that none has appeared on behalf of the respondent to oppose the prayer made in this petition, I deem it appropriate to appoint Sri S. Rama Murthy, Retired District and Session Judge as Sole Arbitrator to adjudicate the dispute between the parties.
6. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioner to also approach the Arbitration Centre with the relevant papers to be filed therein. The learned Arbitrator appointed herein shall thereupon enter reference and proceed with the matter in accordance with law and the Rules governing the Arbitration Centre.
Accordingly, petition is allowed.
Sd/- JUDGE ST