IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.50 OF 2017 BETWEEN:
PRAVEEN RANKA, S/O DEVARAJ RANKA, AGED ABOUT 55 YEARS, RESIDING AT NO.435, 7TH ‘B’ MAIN, IV BLOCK, JAYANAGAR, BENGALURU – 560 011.
(BY MR.MANIVANNAN G., ADV.) AND:
1. M/S. CHITHAARY CONSTRUCTIONS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.526, THAYAPPA COMPLEX, BILEKAHALLI, IIM POST, BANNERGHATTA ROAD, BENGALURU – 560 076.
REPRESENTED BY ITS MANAGING PARTNER.
1(a) SRI.P.SUKHANAND SHETTY, S/O P.N.SHETTY, AGED ABOUT 44 YEARS, 1(b) MRS.DEEPIKA S HEGDE, W/O P.SUKANANDA SHETTY, AGED ABOUT 38 YEARS, BOTH ARE RESIDING AT NO.367, ‘VIJAY CLASSIC’, … PETITIONER VIJAYA BANK LAYOUT, BANNERGHATTA ROAD, BENGALURU – 560 076.
… RESPONDENTS (BY MR.U.S.YOGESH KUMAR, ADV., FOR R1(a); R1(b) SERVED AND UNREPRESENTED;
SERVICE OF PARTNERSHIP FIRM RESPONDENT NO.1 IS TREATED AS COMPLETE VIDE ORDER DATED 02.03.2018) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO a) TO APPOINT AN ARBITRATOR TO ARBITRATE UPON THE DISPUTES/DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 28.03.2011 AT ANNEXURE – A; b) GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT MAY DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE; AND c) TOGETHER WITH COSTS; IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Manivannan.G, learned counsel for the petitioner.
Mr.U.S.Yogesh Kumar, learned counsel for respondent No.1(a).
2. The Petition is admitted for hearing. With consent of the parties, the same is heard finally.
3. By means of this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner interalia seeks constitution of Arbitral Tribunal to adjudicate the petitioner’s claim.
4. Admittedly, the parties have entered into a joint development agreement on 28.03.2011. As per Clause 23(2) of the aforesaid agreement, the petitioner has sent a notice on 28.11.2016 invoking the arbitration clause.
5. Learned counsel for the petitioner submitted that dispute has arisen out of joint development agreement dated 28.03.2011 and contains an arbitration clause.
6. Learned counsel for respondent No.1 also does not disputes the fact that the petitioner has sent a notice invoking the arbitration clause.
7. After hearing the learned counsel for the petitioner and bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the submission made by learned counsel for respondent No.1, I deem it appropriate to appoint Mr.S.R.Somashekara, former District and Sessions Judge as sole arbitrator to adjudicate the dispute.
8. Needless to state that the respondents shall be at liberty to take all such objections as are permissible in law before the arbitrator under Section 16 of the Act. Office to transmit a copy of this order to Mr. Mr.S.R.Somashekara, former District and Sessions Judge.
9. 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.
BNV Sd/- JUDGE