IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.106 OF 2018 BETWEEN:
N. SRINIVASA RAO AGED ABOUT 82 YEARS S/O. LATE VENKOBA RAO R/AT NO.43 LAKSHMANA MUDALIAR STREET CIVIL STATION BENGALURU-560 01. …PETITIONER (BY SRI KEMPEGOWDA, ADV. FOR SRI SURAJ GOVINDA RAJ, ADV.) AND:
1. M/S. RATHOD DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.56 1ST MAIN ROAD, LINK ROAD CORNER SHESHADRIPURAM BENGALURU-560 020.
REPRESENTED BY ITS MANAGING PARTNER MR. L. JITHENDRA JAIN AGED ABOUT 51 YEARS S/O. MR. H. LALCHAND R/AT NO.25/3, 1ST STAGE INDUSTRIAL SUBURB YESHWATPUR BENGALURU.
2. MR. JITHENRA JAIN MANAGING PARTNER M/S. RATHOD DEVELOPERS.
3. MR. KIRAN RATHOD PARTNER M/S. RATHOD DEVELOPERS RESPONDENTS 2 AND 3 ARE RESIDING AT 25/3, 1ST STAGE INDUSTRIAL SUBURB YESHWANTPUR BENGALURU-560 022. …RESPONDENTS (BY SRI SAMANTH L.B., ADV. FOR R1 AND R3 – ABSENT; R2 SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO EXERCISE THE POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 AND FOR APPOINTMENT OF THE SOLE ARBITRATOR AS PRAYED FOR BY THE PETITIONER, IN ORDER TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS IN THE INTEREST OF JUSTICE AND EQUITY, AS PER ANNEXURE-A.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Kempegowda, learned counsel for Sri Suraj Govinda Raj, learned counsel for petitioner.
None appear for the respondents.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for petitioner and perused the records.
5. From perusal of the records, it is evident that the parties have entered into a Joint Development Agreement on 08.04.2010. Admittedly, Clause-17 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioner has sent a notice on 13.12.2017 invoking the arbitration clause. In the aforesaid factual background, petitioner has approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the petitioner and bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the fact that the parties had entered into an agreement and the agreement, admittedly, contains an arbitration clause and the dispute between the parties has arisen with regard to the aforesaid agreement, I deem it appropriate to appoint Sri G. Raghavendra Rao, retired District and Sessions Judge, as the sole arbitrator to adjudicate the dispute between the parties.
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, the petition is disposed of.
Sd/- JUDGE ST