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.255 OF 2018 BETWEEN:
M/S. KUSUMA BHANDARY CONSTRUCTIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT HAVING ITS OFFICE AT 2ND FLOOR HOTEL LAXMI MAHAL K.S.RAO ROAD MANGALORE – 575 001.
REPRESENTED BY ITS DIRECTOR SURESH BHANDARY S/O BHUJANGA BHANDARY AGED ABOUT 53 YEARS HOTEL LAXMI MAHAL K.S.RAO ROAD, HAMPANAKATTA MANGALORE – 575 001.
(BY SRI.CYRIL PRASAD PAIS, ADV.) AND:
SMT KSHAMA D/O VIJAYALAKSHMI HEGDE AGED ABOUT 32 YEARS RESIDING AT “OM SHREE NIVASA” AJJARAKADU, JODUKATTE UDUPI – 576 101.
…PETITIONER REPRESENTED BY HER GPA HOLDER VIJAYALAKSHMI HEGDE W/O SUDHEER KUMAR HEGDE AGED ABOUT 53 YEARS RESIDING AT “OM SHREE NIVASA” AJJARAKADU, JODUKATTE UDUPI – 576 101.
(BY SRI.K.A.ARIGA, ADV.,) …RESPONDENT THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ARBITRATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS CLAUSE 30 OF THE JOINT DEVELOPMENT AGREEMENT DATED 24.11.2008, ANNEXURE – B AND FURTHER PASS SUCH OTHER AND FURTHER ORDERS AS THE HON’BLE COURT MAY DEEM FIT IN THE NATURE AND CIRCUMSTANCES OF THE ABOVE 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 Sri.Cyril Prasad Pais, learned counsel for for petitioner. Sri.K.A.Ariga, learned counsel for respondent.
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 Joint Development Agreement dated 24.11.2008 and Clause-30 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioner has sent the notice to the respondent on 03.01.2017 invoking the arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. When the matter is taken up today, learned counsel for the parties jointly submit that the parties are from Mangaluru and Mr. Moosa Kunhi Nayarmoole, retired District and Sessions Judge be appointed as a sole arbitrator to adjudicate the dispute between the parties.
7. In view of the aforesaid submission and in the facts of the case, I deem it appropriate to appoint Mr.Moosa Kunhi Nayarmoole, retired District and Sessions Judge, who is based in Mangaluru, as the sole arbitrator to adjudicate the dispute between the parties.
8. A copy of this order be dispatched to the Mr.Moosa Kunhi Nayarmoole, retired District and Sessions Judge, for necessary action in that regard.
Accordingly, the petition is disposed of.
Sd/- JUDGE VMB