IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.68 OF 2018 BETWEEN:
M/S.i 1 PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT NO.61 24TH MAIN, 7TH CROSS, MARENAHALLI JP NAGAR, 2ND PHASE BANGALORE – 560 078. REPRESENTED BY ITS DIRECTOR MR.APPANNA V.T. ALIAS SANTHOSH.
(BY SMT. SINCHANA M.R., ADV. FOR SRI. MUNIYAPPA, ADV.) AND:
1. MR.REVANASIDDAIAH AGED ABOUT 63 YEARS S/O LATE REVANNA BIN SIDDABASAPPA.
2. MR.R.RAVIKUMAR AGED ABOUT 40 YEARS S/O MR.REVANASIDDAIAH BOTH ARE RESIDING AT #44, 2ND CROSS SADASIVANAGAR, NELAMANGALA BANGALORE – 562 123.
…PETITIONER 3. MR.H.R.BASAVARAJU AGED ABOUT 50 YEARS S/O REVANNA BIN SIDDABASAPPA RESIDING AT #11/A, NEW NO.110 ULLALU, ULLALU UPANAGARA POST NEAR BASAVANNA TEMPLE BANGALORE – 560 056.
4. MRS.H.B.MAMATHA URUF REKHA AGED ABOUT 29 YEARS W/O K.S.SHIVAKUMAR SWAMY DAUGHTER OF MR.H.R.BASVARAJ RESIDING AT #11/A, NEW NO.110 ULLALU, ULLALU UPANAGARA POST NEAR BASAVANNA TEMPLE BANGALORE – 560 056.
5. MRS.H.B.RAMYA AGED ABOUT 26 YEARS W/O B.RAJASHEKAR D/O MR.BASAVARAJU RESIDING AT #406, 4TH CROSS BALAJI LAYOUT, VARADAHALLI VILLAGE KANAKAPURA MAIN ROAD BANGALORE – 560 062.
…RESPONDENTS (BY SRI. MOHAN S., ADV., FOR R1 TO R5) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR AS PER CLAUSE 24 IN JOINT DEVELOPMENT AGREEMENT DATED 21.01.2015 PRODUCED IN ANNEXURE – A TO ADJUDICATE UPON THE DIFFERENCES AND DISPUTES BETWEEN THE PARTIES HERETO AND PASS SUCH FURTHER OR OTHER ORDERS AS THIS HON’BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Sinchana M.R., learned counsel for Sri.Muniyappa, learned counsel for petitioner. Sri.Mohan.S, learned counsel for respondent Nos.1 to 5.
2. The petition is admitted for hearing and the same is heard finally.
(hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of an arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. Admittedly, the parties have entered into an agreement dated 21.01.2015 and Clause-24 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioner has sent the notice to the respondent on 03.02.2018 invoking the arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the parties and taking into account the fact that admittedly, the parties have entered into an agreement on 21.01.2015, which contains an arbitration clause namely, clause No.24 and the dispute has arisen between the parties in relation to the aforesaid agreement, I deem it appropriate to appoint Sri Ashok B. Hinchigeri, a former Judge of this Court as the sole arbitrator to adjudicate the dispute between the parties.
7. 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 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, the petition is disposed of.
Sd/- JUDGE VMB