IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA C.M.P. No.99/2017 BETWEEN:
M/S J SONS DEVELOPERS OFFICE AT NO.128/3, 19TH CROSS, ELEPHANT ROAD, JAYANAGAR, 3RD BLOCK, BENGALURU-560011 REP. BY ITS PROPRIETOR, SRI.NAVEED MOHAMMED, AGED ABOUT 48 YEARS, S/O MOHAMMED ATTAULLA (BY SRI BHADRINATH R, ADV.) AND:
M/S UMRAH DEVELOPERS OFFICE AT NO.22/1, MILLER TANK BUND ROAD, KAVERIYAPA LAYOUT, BENGALURU-560052 SRI.YUSUF SHERIFF @ D.BABU PROPRIETOR (BY SRI PAWAN SHYAM, ADV. FOR SRI REUBEN JACOB, ADV.) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 11(5, 6) OF THE ARBITRATION AND CONCILATION ACT 1996, PRAYING TO APPOINT SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE, WHICH AROSE WITH REGARD TO EXECUTION OF AREA ALLOCATION AGREEMENT AS PER THE REGISTERED JOINT DEVELOPMENT AGREEMENT DATED:16/10/2012 AS FOUND AT ANNEXURE-A IN PURSUANCE OF THE CLAUSE-20 OF THE CONDITIONS OF CONTRACT AND TO PASS SUCH OTHER ORDERS AS NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court in this petition filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996, seeking appointment of the sole Arbitrator.
2. The petitioner and the respondents have entered into a Joint Development Agreement dated 16.10.2012. In respect of the said agreement certain disputes have arisen between the parties. The communication and the legal notices exchanged would disclose that such disputes as have arisen between the parties has not yet been resolved. It is in that light, the petitioner is before this Court seeking appointment of the sole Arbitrator to adjudicate the dispute between the parties.
3. The Joint Development Agreement dated 16.10.2012 is at Annexure-A to the petition. Clause 20 to the said agreement provides that all disputes and differences which cannot be settled between the parties amicably is to be settled through arbitration as provided under the Arbitration and Conciliation Act. In that regard, the petitioner having invoked the Clause in addition to the earlier notice had also issued a notice dated 06.03.2017 (Annexure-J) indicating the name of the sole Arbitrator proposed by the petitioner. The notice was served on the respondents as seen from the copy of the postal acknowledgment which is produced along with the petition.
4. The fact that the agreement has been entered into between the parties and the same also contains a clause for arbitration cannot be disputed. However, the respondents in any event are not agreeable to the name of the Arbitrator as suggested by the petitioner in their notice invoking the arbitration clause. In that circumstance, when the petitioner is before this Court in this petition filed under Section 11 of the Act, this Court is required to appoint an Arbitrator to resolve the dispute between the parties.
5. Accordingly, Sri Mohan S. Sankolli, Retired District Judge is appointed to act as the sole Arbitrator to resolve the dispute between the parties through the Arbitration Centre.
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.
The petition is disposed of accordingly.
Sd/- JUDGE hrp/bms