IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLENOUS PETITION NO.14 OF 2018 BETWEEN:
NITESH ESTATES LTD HAVING REGISTERED OFFICE AT NITESH TIMESQUARE NO.8, MG ROAD BENGALURU-560 001 REPRESENTED BY AUTHORISED SIGNATORY MR.SWAMY K.B. … PETITIONER (BY SMT.ASMITA DESHPANDE ADV. FOR SRI UDAY SHANKAR R.M., ADV.) AND:
1. S.M.ALEX S/O LATE M.M.ALEXENDER AGED ABOUT 60 YEARS AT B WING, 1254, 14TH FLOOR MITTAL TOWERS, MG ROAD BENGALURU-560 001 2. RANI M ALEX W/O S M ALEX AGED ABOUT 54 YEARS AT B WING, 1254, 14TH FLOOR MITTAL TOWERS, MG ROAD BENGALURU-560 001 3. K N CHACKO ALIAS NINAN CHACKO SINCE DECEASED REP. BY HIS LR’S A. THANKAMMA CHACKO W/O K.N.CHACKO AGED 90 YEARS R/AT KALLUNKATHARA HOUSE AYMANAM VILLAGE KOTTAYAM, KERAL-686 001 B. SALI CHERIYAN D/O K.N.CHACKO AGED 68 YEARS R/AT KALLUNKATHARA HOUSE AYMANAM VILLAGE, KOTTAYAM KERALA-686 001 C. MOHAN JACOB S/O K.N.CHACKO AGED 66 YEARS R/AT KALLUNKATHARA HOUSE, AYMANAM VILLAGE, KOTTAYAM KERALA-686 001 SELMA ABRAHAM D/O K.N.CHACKO, SINCE PRE DECEASED REPRESENTED BY:
D. AJAY ABRAHAM MATHEW LEGAL HEIR OF SELMA ABRAHAM D/O K N CHACKO, AGED NOT KNOWN R/AT KALLUNKATHARA HOUSE, AYAMANAM VILLAGE, KOTTAYAM KERAL-686 001 E. ANU ABRAHAM LEGAL HEIR OF SELMA ABRAHAM D/O K.N.CHACKO, AGED NOT KNOWN R/AT KALLUNKATHARA HOUSE AYMANAM VILLAGE, KOTTAYAM KERALA-686 001 4. ALEX ENTERPRISES AT B WING 1254, 14TH FLOOR MITTAL TOWERS, MG ROAD BENGALURU-560 001 … RESPONDENTS (BY SRI.PRAKASH T HEBBAR, ADV. FOR R1, 2 & 4 & FOR PROPOSED R3 (A TO E) ON IA 1/2018, ADV.) - - -
THIS PETITION IS FILED UNDER SECTION 11 (5) AND (6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A COMPETENT PERSON AS AN ARBITRATOR TO ARBITRATE THE DISPUTE BETWEEN THE PARTIES AND ETC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms.Asmita Deshpande, learned counsel for Sri Uday Shankar R M, Sri Prakash T Hebbar, learned counsel for respondent Nos.1,2 and 4 and for proposed Respondent Nos.3 (A to E).
2. Heard on I.A.1/2018.
3. After hearing learned counsel for the parties and for the reasons assigned in the application, same is allowed. Legal representatives of respondent No.3 be impleaded as Respondents Nos.3(A to E). Learned counsel for the petitioner to file the amended cause title within a week.
4. Learned counsel for the respondents has already filed vakalath on behalf of the impleaded applicants.
5. Petition is admitted for hearing.
6. With the consent of the parties, same is heard finally.
7. Learned counsel for the parties jointly submit that parties have entered into a Joint Development Agreement on 07.09.2010. Petitioner had admittedly sent a notice notifying the arbitration clause as contained in 26.2 of the Joint Development Agreement. Learned counsel for the parties jointly submit that the dispute in relation to the agreement in question has arisen between the parties and therefore, an arbitrator be appointed to resolve the dispute between the parties.
8. In view of aforesaid submissions and in the facts of the case, I deem it appropriate to appoint Sri.S.N.Navalgund, retired District and Sessions Judge as sole arbitrator to adjudicate the dispute between the parties.
9. In view of preceding analysis the petition filed by the petitioner under Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996 succeeds and is hereby allowed. In view of the aforesaid submissions and as prayed by learned counsel for the parties, Sri S N Navalgund, Retired District and Sessions Judge is appointed as sole Arbitrator to adjudicate the dispute between the parties.
10. 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 Brn