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.244/2018 BETWEEN MR. MOHAN ZACHARIAH KURIEN S/O LATE P C KURIEN, AGED ABOUT 84 YEARS, R/O NO.302, H BLOCK, ESTEEM ROYALE APARTMENTS, NIRGUNA MANDIR LAYOUT, BANGALORE-560047. ... PETITIONER (BY SRI V S BIJU, ADV.) AND 1. M/S. HEBRON PROPERTIES PVT. LTD., NO.5AC-712, 5TH A CROSS, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR POST, BANGALORE-560043 REP. BY ITS DIRECTORS MR. SATHISH KOSHY & MR. DEAN JAMES MATHEWS 2. MR. SATHISH KOSHY DIRECTOR, M/S. HEBRON PROPERTIES PVT. LTD., R/AT: SANTHOSH VILLA, OPP. DOORVANI MEDICALS, RAMAMURTHY NAGAR, BANGALORE-560 016.
3. MR.DEAN JAMES MATHEWS DIRECTOR M/S. HEBRON PROPERTIES PVT. LTD. RESIDING AT NO.54, MANJUNATHA LAYOUT ANANTHAPURA RAMAMURTHY NAGAR BANGALORE – 560 016 4. MR. PRENAND PREMCHANDRAN CEO, M/S. HEBRON PROPERTIES PVT. LTD., NO.5AC-712, 5TH A CROSS, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR POST. ... RESPONDENTS (BY SRI C S RAVISHANKAR, ADV. FOR R1 & R2 V/O DATED 04.10.2019 R3 & R4 ARE DELETED.] THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT ANY RETIRED DISTRICT JUDGE OR A RETIRED JUDICIAL OFFICER, AS SOLE ARBITRATOR TO ADJUDICATE UPON THE CONTRA CLAIMS BETWEEN THE PETITIONER AND RESPONDENT BEFORE THE ARBITRATION CENTER, BANGALORE AS PER THE ANNEXURE-B.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri V.S.Biju, learned counsel for petitioner.
Sri C.S.Ravishankar, learned counsel for respondent Nos.1 and 2.
2. In this petition under Section 11(5) 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.
3. During the pendency of this petition, on 08.02.2019, learned counsel for the parties jointly submit that there is likelihood of amicable settlement of the dispute arisen between the parties. Hence, the matter was referred to the Mediation Centre, Bengaluru.
4. The report has been submitted by the Mediator by which it has been stated that the dispute has been amicably settled between the parties subject to the terms and conditions therein, which are re-produced as under:
“1. The respondent has agreed to deliver the completed construction of the Villa along with the lift and all other amenities as detailed in the construction agreement within five months from the date of this agreement. The respondent has agreed to maintain high quality standards work to be undertaken in the Villa.
2. Both the parties have agreed that the respondent shall not be liable to pay any compensation to the petitioner for the delay aforesaid in view of having agreed to deliver the possession of the property fully completed within five months from the date of this agreement.
3. However, in the event the respondent fails to deliver the completed Villa within five months the penalty clause of the construction agreement which carries an interest of 12% p.a. pro-rate on the amount paid by the petitioner shall be enforce as against the respondent. In addition the petitioner is at liberty to institute appropriate proceedings against the respondent in accordance with law.
4. It is further agreed that the respondent shall waive off Rs.47,03,824/- (Rupees Forty Seven Lakhs Three Thousand Eight Hundred and Twenty Four Only) payable by the petitioner as per payment schedule of the construction agreement and the petitioner shall not be liable to pay any amount to the respondent in respect of the property.
5. Upon delivery of the completed Villa within five months from the date of this agreement, the petitioner agrees to withdraw all criminal proceedings pending against the respondent and shall co-operate to close criminal proceeding instituted against the respondent in Crime No.353/2018 registered before K.R.Puram Police Station, Bengaluru.
6. Both the parties hereby declare that they shall have no claims whatsoever against each other except the amounts mentioned herein above.
7. Both the parties state that, they have arrived at the above settlement on their on own without any undue influence, coercion.”
5. When the matter was taken up today, learned counsel for the parties as well as the petitioner, who is present in person stated that the dispute has been amicably settled between the parties in terms of the settlement which has been referred supra.
6. Accordingly, the petition is disposed of as the parties have settled the dispute on the aforesaid terms and conditions mentioned supra.
Office is directed to return the original documents annexed to the petition.
Sd/- JUDGE VM CT:HR