IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.173 OF 2018 BETWEEN:
SRI B.A. NAGARAJ S/O. SRI LATE B.S.AMARANARAYANA GUPTA AGED ABOUT 45 YEARS R/AT “AMARA NIKETANA” NO.41/2, 6TH CROSS WOK ROAD (KR ROAD) JAYANAGAR, 7TH BLOCK BENGALURU-560 082. …PETITIONER (BY SRI SANJEEV B.L. & SRI B.S. SHRINIVAS, ADVS.) AND:
M/S. SAMRUDDHI REALITY LTD. HAVING ITS REGISTERED OFFICE AT “THE LAND MARK”
NO.21/15, 4TH FLOOR, M.G.ROAD BANGALORE-560 001 REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI DHARMESH MARUTHI KUVALEKAR …RESPONDENT (BY SRI VIVEK B.R., ADV.) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT IN RESPECT OF ANNEXURE-A AND PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT, IN THE INTERESTS OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Sanjeev B.L. and Sri B.S. Shrinivas, learned counsel for the petitioner. Sri Vivek B.K., learned counsel for respondent.
2. The petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner inter alia seeks for appointment of an independent Arbitrator to adjudicate the dispute between the parties.
4. The facts giving rise to filing the petition briefly stated are that the parties had entered into a joint development agreement dated 11.08.2014. The aforesaid agreement contains an arbitration clause namely, Clause-20.1 which provides for adjudication of the disputes by an Arbitrator. It is also not in dispute that the petitioner had issued notice to the respondent on 17.02.2018 invoking the arbitration clause.
5. Learned counsel for the parties jointly submitted that an independent Arbitrator be appointed to act as a Sole Arbitrator to adjudicate the dispute between the parties.
6. In view of the aforesaid submission and taking into account the fact that the agreement executed between the parties contains an arbitration clause, I deem it appropriate to appoint Mr. Justice Ajit J. Gunjal, a former Judge of this Court to act 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, petition is disposed of.
Sd/- JUDGE ST