IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.364 OF 2017 BETWEEN:
M/ S HARMONY DEVELOPERS HAVING ITS REGISTERED OFFICE AT NO.30, H R B R LAYOUT, KALYANAGAR POST BANGALORE-560 043 REPRESETNED BY ITS PARTNERS 1) SRI G. CHANDRASHEKAR REDDY S/O G.GOVINDA REDDY 2) MRS. GOLDA PONRAJ D/O K JAGADISH PONRAJ 3) FRANICS SELVARAJ S/O C. P. SELVARAJ.
(BY SRI. PAPI REDDY.G, ADVOCATE) AND ... PETITIONERS 1. SMT RUKMANI AGED ABOUT 51 YEARS, W/O LATE SRI A LAKSHMANA @ K LAKSHMANA R/A NEAR MALENAPETA YELLAMMA TEMPLE HOSKOTE TOWN-562 114 BANGALORE RURAL DISTRICT 2. SMT. ROOPA J.
AGED ABOUT 35 YEARS W/O SRI K C RAJU RESIDENT OF CHEEMASANDRA VILLAGE BIDARAHALLI HOBLI, VIRGONAGAR POST BANGALORE-560 049.
... RESPONDENTS (BY SRI S.N. BHAT ADV. FOR R-2 (ABSENT) MS.ANUSHA DEVI FOR SRI K.J.KAMATH, ADV FOR R1 ) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5 & 6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SUITABLE ARBITRATOR IN TERMS OF THE ARBITRATION AGREEMENT, ANNEXURE-A FOR DECIDING THE DISPUTE BETWEEN IT AND THE RESPONDENTS IN RESPECT OF THE SCHEDULE PROPERTY, ON THE GROUNDS OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. G.Papireddy, learned Counsel for the petitioner.
Ms.Anusha Devi for Sri K.J.Kamath, learned counsel for the respondent No.1.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an Arbitrator.
3. I have heard learned counsel for the parties at length. Admittedly, the parties have entered into an agreement on 22.08.2012. Clause 8.2 of the Agreement contains an arbitration clause. The dispute between the parties has arisen in relation to the aforesaid agreement. The petitioner admittedly has sent a notice on 28.10.2017 invoking the arbitration clause. Thereafter this petition has been filed.
4. On perusal of the record, it is evident that the parties have entered into an agreement which contains an arbitration clause and the dispute has arisen between the parties.
5. Therefore, keeping in view of Section 11(6-A) of the Arbitration and Conciliation Act, 1996 I deem it appropriate to appoint Sri Murari Ashok Parashuram, Retired District and Sessions Judge as sole Arbitrator to adjudicate the dispute between the parties.
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.
Accordingly, petition is disposed of.
Sd/- JUDGE akc/-