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.181 OF 2017 BETWEEN:
M/S. N.D. DEVELOPERS PVT LTD, A PRIVATE LIMITED COMPANY, HAVING ITS OFFICE AT #398, 1ST FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BENGALURU - 76 REP BY ITS MANAGING DIRECTOR, MR.K.K.DURANI, AGED ABOUT 55 YEAS.
(BY SRI. RAJESH GOWDA, ADVOCATE) AND SRI K.C.JAYAPRAKASH, S/O LATE SRI.C.CHOWDA REDDY, AGED ABOUT 41 YEARS, R/AT KADA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK-562 106.
... PETITIONER ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED ) THIS CMP IS FILED U/S 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES HERETO AS PER THE TERMS OF JOINT DEVELOPMENT AGREEMENT DATED:15/03/2013 VIDE ANNEXURE-A AND TO PASS SUCH OTHER SUITABLE ORDERS AS NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Rajesh Gowda, learned Counsel for the petitioner.
None for respondent.
This petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 (‘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 agreement dated 15.03.2013.
2. Admittedly, the parties had entered into an agreement on 15.03.2013. Clause 42 of the aforesaid agreement contains an arbitration clause. Admittedly, dispute have arisen between the parties in respect of the agreement, pursuant to which the petitioner had sent notice on 8.02.2017 invoking the arbitration clause.
However, the notice sent by the petitioner failed to evoke any response.
3 I have heard the learned counsel for the petitioner.
4. From perusal of the records, it is evident that the parties have entered into a Joint Development Agreement on 15.03.2013. Admittedly, the dispute between the parties has arisen in relation to the aforesaid agreement. Therefore, bearing in mind the mandate contained under Section 11(6A) of the Act, I deem it appropriate to appoint Mr.Ashok L.Pujar, retired District and Sessions Judge 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 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 ln.