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.36 OF 2019 BETWEEN:
1. R. BHARATHI RAJANNA W/O. MR. O. RAJANNA AGED ABOUT 66 YEARS 2. O. RAJANNA S/O. LATE D. OBALAPPA AGED ABOUT 76 YEARS BOTH ARE R/AT NO.5/5 ALLAHALLI, ANJANAPURA POST BANGALORE-560 062. …PETITIONERS (BY SRI CHANDRASHEKAR C., ADV.) AND:
1. M/S. SAMRUDDHI REALTY LTD. REGISTERED OFFICE, THE LAND MARK NO.21/15, 4TH FLOOR, M.G. ROAD BANGALORE-560 001.
REPRESENTED BY ITS AUTHORISED SIGNATORY MR. DHARMESH MARUTI KUVALEKAR.
2. MR. DHARMESH MARUTI KUVALEKAR AUTHORISED SIGNATORY OF M/S. SAMRUDDHI REALTY LTD. NO.1, II FLOOR, TATA LANE RICHMOND ROAD CROSS BANGALORE-560 025. …RESPONDENTS (R1 AND R2 SERVED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO 1) APPOINT ANY COMPETENT PERSON WITH A JUDICIAL BACKGROUND, TO BE DULY DESIGNATED AS AN ARBITRATOR TO RESOLVE THE INSTANT DISPUTE BETWEEN THE PARTIES IN RESPECT OF JOINT DEVELOPMENT AGREEMTN DATED:10.12.2015 IN THE INTEREST OF JUSITCE AND EQUITY 2) TO PASS ANY OTHER APPROPRIATE ORDER THAT THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE INSTANT CASE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Chandrashekar C., learned counsel for petitioners.
None appear for the respondents though served.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Sections 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioners inter alia seek appointment of a sole arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for petitioners at length and perused the records.
5. From perusal of the records, it is evident that the parties have entered into a Joint Development Agreement on 10.12.2015. Admittedly, Clause-20.1 of the aforesaid agreement contains an arbitration clause. The dispute between the parties has arisen and the petitioners have sent a notice to the respondents on 04.01.2019 invoking the arbitration clause. However, no response was received from the respondents. In the aforesaid factual background, petitioners have approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the petitioners 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 Choudapurkar Arun, 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