IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE C.M.P.NO.260/2017 BETWEEN:
RAJASHEKAR REDDY S/O S.NARAYANA REDDY AGED ABOUT 37 YEARS R/AT FLAT NO.401 ”VENKATASAHASRA” APARTMENTS SITE NO.319, 4TH CROSS “CELEBRITY PARADISE” DODDATHOGUR VILLAGE ELECTRONIC CITY PHASE-1, BEGUR HOBLI BANGALORE-560 100 ... PETITIONER (BY MS. SWATHI MANJUNATH A/W SRI SRINIVASA MURTHY S., ADVOCATE) AND:
B. SREERAMA REDDY S/O BYRAPPA AGED ABOUT 57 YEARS RESIDING AT NO.177/B 7TH B MAIN, 22ND CROSS 3RD BLOCK, JAYANAGAR BANGALORE-560 011 ... RESPONDENT (BY SRI M.V.NAVEEN REDDY, ADVOCATE ) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT SRI B.M.ANGADIAS THE SOLE ARBITRATOR IN THE PRESENT MATTER TO ADJUDICATE AND RESOLVE THE DISPUTES BETWEEN THE PARTIES AND TO REFER THE SAME TO ARBITRATION ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Ms. Swathi Manjunath along with Sri Srinivasa Murthy S., learned counsel for the petitioner.
Sri M.V.Naveen Reddy, learned counsel for the respondent.
2. Petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), the petitioner seeks for appointment of an Arbitrator.
4. The facts giving rise to filing of this petition briefly stated are that admittedly the parties have entered into a joint development agreement dated 30.06.2014. Clause 15 of the aforesaid agreement contains the arbitration clause. Since the dispute had arisen between the parties in relation to the aforesaid agreement, the petitioner sent a notice dated 10.07.2017 to the respondent invoking the arbitration clause.
5. I have heard the learned counsel for the parties and perused the record.
6. Admittedly, the parties have entered into a joint development agreement dated 30.06.2014. The aforesaid agreement contains an arbitration clause. The dispute is between the parties in relation to the aforesaid agreement and the petitioner has invoked the arbitration clause. Therefore, bearing in mind the mandate contained in Section 11(6A) of the Act, I deem it appropriate to appoint Mr.G.Raghavendra Rao, Former District and Sessions Judge as a sole Arbitrator to resolve the dispute between the parties.
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 hkh.