IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.119 OF 2017 BETWEEN:
1. M/S METRO BANKERS’ ENCLAVE, A PROPRIETORSHIP FIRM REP BY ITS PROPRIETRESS MRS. VYJAYANTHIMALA 2. M/S METRO DEVELOPER AND PROMOTERS A PARTNERSHIP FIRM REP BY ITS MANAGING PARTNER MRS VYJAYANTHIMALA BOTH 1 & 2 HAVING THEIR OFFICE AT AISHWARYA MANSION, 43/1 A, 9TH ‘A’ MAIN, INDIRANAGAR 1ST STAGE, BENGALURU - 560038.
... PETITIONERS (BY SRI. KIRAN N.MURTHY, ADV.) AND 1. S. RAJENDRAN S/O. S.R. SUDARSANAM, AGED ABOUT 58 YEARS , 2. MRS JADILA RAJENDRAN, W/O S.RAJENDRAN, AGED ABOUT 52 YEARS, BOTH 1 & 2 PRESENTLY RESIDING AT FLAT NO.502, USHA KIRAN APARTMENT, NO 25, HOUDIN ROAD, HALASURU, BENGALURU- 560 042.
... RESPONDENTS (By SRI. HARSHA P.BANAD, ADV. ) THIS CMP IS FILED U/S 11(4) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO (A) APPOINT A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PEITITONER AND THE ABOVE NAMED RESPONDENTS. (B) PASS ANY FURTHER ORDER/S OR DIRECTIONS DEEMED FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY, INCLUDING FIXATION OF REASONABLE ARBITRATOR’S FEE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Kiran M.Murthy, learned Counsel for the petitioners.
Mr. Harsha P.Banad, learned Counsel for the respondents.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. This petition under Section 11(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short) has been filed seeking appointment of a sole Arbitrator to adjudicate the dispute arisen between the parties out of and consequent to the construction agreement dated 01.02.2002.
3. Admittedly, the parties had entered into an agreement on 1.02.2002. Clause 21 of the aforesaid agreement contains an arbitration clause. Admittedly, dispute have arisen between the parties in respect of the agreement, pursuant to which the petitioners have sent notice on 18.03.2017 invoking the arbitration clause. However, the aforesaid notice did not evoke any response. Learned counsel for the respondents have not refuted the aforesaid facts.
4. In view of the aforesaid submissions made and taking into account the fact that the parties have entered into an agreement which contains an arbitration clause and the petitioners have invoked the arbitration clause by sending notice to the respondents and bearing in mind the mandate contained under Section 11(6A) of the Act, I deem it appropriate to appoint Shri Justice V.Jagannathan, former Judge of this Court as sole Arbitrator to adjudicate the dispute between the parties.
5. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioners 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 ln.