IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.293/2016 BETWEEN SMT. L RADHAMMA W/O M H ANJANAPPA, AGED ABOUT 85 YEARS, R/O YARADA KATTER VILLAGE, HIRIYUR TALUK, DAVANAGERE DISTRICT, DAVANAGERE – 577001.
... PETITIONER (BY SRI SAGAR.B.B, ADV. FOR SRI SATISH M DODDAMANI, ADV.) AND THE COMPETENT AUTHORITY FOR LAND ACQUISITION, FOUR LANING OF TUMKUR HARIHARA SECTION, NHAI, OPPOSITE TO VASANTHA TALKIES, DAVANGERE – 577001.
... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 (5) AND (6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR FOR ADJUDICATION OF THE DISPUTE BETWEEN THE PETITIONER AND THE FIRST RESPONDENT ARISING OUT OF THE INDENTURE OF SALE DATED 05-01-2014 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Sagar.B.B., learned counsel for Sri Satish M.Doddamani, learned counsel for petitioner.
None for respondent though served.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. In this petition under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’ for short), the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. I have heard the learned counsel for the petitioner and perused the records.
5. On perusal of the record, it is evident that the parties had entered into a Indenture of Sale on 05.01.2014 which contains an arbitration clause namely, clause No.7 and the dispute has arisen between the parties in relation to the aforesaid indenture of sale. In that regard, the petitioner had made a representation to the Deputy Commissioner of Chitradurga District on 04.10.2015 invoking the arbitration clause. However, requisite action was not taken by the respondent in terms of the arbitration clause.
6. After hearing the learned counsel for the petitioner and taking into account the fact that the parties have entered into Indenture of Sale on 05.01.2014 which contains an arbitration clause for resolution of the dispute as well as bearing in mind the mandate contained in Section 11(6-A) of the Act and the dispute has arisen between the parties in relation to the aforesaid Indenture of Sale, I deem it appropriate to appoint the Deputy Commissioner, Chitradurga in terms of the National Highway Act, 1956 as Sole Arbitrator to adjudicate the dispute between the parties.
7. A copy of this order may be transmitted to the Deputy Commissioner, Chitradurga for necessary action.
Accordingly, petition is disposed of.
Sd/- JUDGE VM CT:HR