IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION No.101 OF 2017 BETWEEN:
Bren Corporation (Erstwhile S.J.R.Enterprises) Sole Proprietor-Mr.J.Bhoopesh Reddy, 3rd Floor, Balavana, Plot No.61, 5th A Block, Koramangala, Bengaluru – 560 095 Represented by -
Mr.Nandeesh.S (By Sri. Jacob Alexander, Advocate for Sri.M.V.Sundara Raman, Advocate) AND:
… Petitioner N.S.Nagaraj Reddy #1, Ferns Habitat, Doddenakundi Village, Bengaluru – 560 047 … Respondent (By Sri. S.Shivananda, Advocate-absent) This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator on behalf of the respondent as this Hon’ble Court may deem fit and refer the disputes raised by the petitioners to arbitration as contemplated in Annexure-B, dated 30.12.2010 and etc., This Civil Miscellaneous Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Jacob Alexander, learned counsel for Sri.M.V.Sundara Raman, learned counsel for the petitioner.
Records perused. By means of this petition under Section 11(5) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’, for short), the petitioner inter alia seeks for appointment of an Arbitrator on behalf of the respondent and refer the disputes raised by the petitioner to arbitration as contemplated in Annexure-B dated 30.12.2010.
2. I have heard the learned counsel for the petitioner. Admittedly, the parties have entered into a Joint Development Agreement dated 30.12.2010. Clause 29.4 of the aforesaid agreement contains the arbitration Clause. A dispute has arisen between the parties. Therefore, petitioner had sent a notice on 08.03.2017, invoking the arbitration Clause. Thereafter, this petition has been filed.
3. After hearing learned counsel for the petitioner and taking into account the fact that the agreement in question contains an arbitration Clause as well as keeping in mind the provisions contained in Section 11(6A) of the Act, I deem it appropriate to appoint Hon’ble Mr. Justice N. Paul Vasanthakumar, former Judge of Madras High Court and former Chief Justice of Jammu and Kashmir High Court, as sole Arbitrator to adjudicate the dispute between the parties.
4. In view of preceding analysis, the petition filed by the petitioner under Section 11(5) of the Act succeeds and is hereby allowed. Accordingly, Hon’ble Mr. Justice N. Paul Vasanthakumar, former Judge of Madras High Court and former Chief Justice of Jammu and Kashmir High Court, is appointed as sole Arbitrator to adjudicate the dispute between the parties. Office is directed to transmit a copy of this order to Hon’ble Mr. Justice N. Paul Vasanthakumar, former Judge of Madras High Court and Former Chief Justice of Jammu and Kashmir High Court.
5. 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 disposed of.
Sd/- JUDGE dn/-