IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.179 OF 2018 BETWEEN:
1. Shri. Mewaram R.Shah S/o Shri Ramlalji, Aged about 66 years 2. Shri. Surajmal Maloo S/o Shri Ramlalji, Aged about 62 years 3. Shri. Prem Kumar Maloo S/o Surajmal Maloo, Aged about 36 years 4. Shri. Moolchand Maloo, S/o Shri Mewaram R Shah Aged about 36 years 5. Shri. Bharat Kumar S/o Shri Mewaram R Shah Aged about 34 years.
All are having office at Suraj Textile Agency No.16/17, 3rd Floor, Sharma Complex, Chickpet Bengaluru-560053.
(By Sri.Aravind M. Neglur, Advocate) … Petitioners AND:
1. Nitesh Estate Pvt. Limited, A Company registered under the Provisions of the Companies Act, 1956 Having its registered Office at No.107,1st Floor, Andrews Building, Bengaluru-560001.
Represented by its Managing Director, Shri Nitesh Shetty.
2. Shri.Nitesh Shetty Managing Director, M/s Nitesh Estate Pvt.Ltd., No.107, 1st Floor, Andrew Building, Bengaluru-560001.
(By Sri. S.Sriranga, Advocate for R1; R2 –Served and unrepresented) … Respondents This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint either Shri.Ravindra A.N., District and Sessions Judge (Retd) or any other person found suitable as the Sole Arbitrator to resolve the dispute between the petitioners and Respondents in respect of the Joint Development Agreement dated 11.08.2005 Annexure-E, registered in the office of the Sub-Registrar, Devanahalli in Document No.2277/2005-2006 in the interest of justice.
This Civil Miscellaneous Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.Aravind M. Neglur, learned counsel for the petitioner.
Sri.Sriranga, learned counsel for respondent No.1.
The petition is admitted for hearing. With consent of learned counsel for the parties, the same is heard finally.
2. By means of this petition under Section 11(5) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’, for short), the petitioners inter alia seek for appointment of a sole arbitrator to resolve the dispute between the parties in respect of the agreement dated 11.08.2005.
3. I have heard the learned counsel for the parties at length. Admittedly, the parties have entered into a Joint Development Agreement dated 11.08.2005. Clause 35 of the said agreement contains the arbitration Clause. The petitioner had sent a notice on 06.08.2016 invoking the arbitration Clause. Thereafter, this petition has been filed.
4. When the matter was taken up today, learned Counsel for the parties jointly submitted that a retired District and Sessions Judge be appointed as the sole arbitrator to adjudicate the dispute between the parties.
5. In view of the aforesaid submission and taking into account the mandate contained in Section 11(6A) of the Act, I deem it appropriate to appoint Sri. Kukkaje Ramakrishna Bhat, Retired District and Sessions Judge, as sole Arbitrator to adjudicate the dispute between the parties.
6. In view of preceding analysis, the petition filed by the petitioner under Section 11(5) of the Act succeeds and is hereby allowed. In view of the aforesaid submissions and as prayed by learned counsel for the parties, Sri. Kukkaje Ramakrishna Bhat, Retired District and Sessions Judge is appointed as sole Arbitrator to adjudicate the dispute between the parties. Office is directed to transmit a copy of this order to Sri. Kukkaje Ramakrishna Bhat, Retired District and Sessions Judge.
7. 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 dn/-