IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE C. M. P. NO.118 OF 2018 BETWEEN:
1. SRI BHADRA REDDY S/O SRI RAMA REDDY AGED ABOUT 52 YEARS R/AT CHANDAPURA VILLAGE ANEKAL TALUK, BANGALORE DISTRICT BANGALORE-560 081.
2. SRI RAJESH KOTHARI AND SON REP BY ITS KARTHA SRI RAJESH B KOTHARI S/O SRI G.M.B.KOTHARI AGED ABOUT 44 YEARS R/AT NO.15, 1ST CROSS CSI.COMPOUND, LALBAGH ROAD CROSS BANGALORE-560 027.
3. SMT. SANTHOSH R KOTHARI W/O SRI RAJESH B KOTHARI AGED ABOUT 43 YEARS R/AT NO.15, 1ST CROSS CSI COMPOUND,LALBAGH ROAD CROSS BANGALORE-560 027.
4. SMT AARTI S KOTHARI W/O SRI SANJAY M KOTHARI AGED ABOUT 38 YEARS, R/AT NO.35/B, 1ST MAIN ROAD YADAVAGIRI MYSORE-570 020.
5. SRI T SUNIL KOTHARI S/O SRI M TEJRAJ KOTHARI AGED ABOUT 42 YEARS R/AT NO.114,DAYA MARGA SIDDARTHANAGAR MYSORE-570 011.
6. SRI H N PRAKASHCHAND S/O LATE SRI NORATHMAL AGED ABOUT 52 YEARS.
7. SMT R PRIYA JAIN W/O SRI P RAKESHKUMAR AGED ABOUT 31 YEARS.
8. SMT SIMPLE JAIN W/O SRI P MUKESHKUMAR AGED ABOUT 29 YEARS.
PETITIONERS NO.6 TO 8 ARE R/AT NO.25, 4TH MAIN,7th CROSS, S.R.NAGAR, BANGALORE-560 027.
9. SMT S SANTOSH BAI W/O SRI C SURESH CHAND AGED ABOUT 46 YEARS R/AT NO.174, MAIN ROAD, COX TOWN, JEEVANAHALLI BENGALURU-560 005.
... PETITIONERS (BY SRI.SURYA PRAKASH RAO K., ADVOCATE) AND :
1. M/S.SRI VINAYAKA INFRA A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.51 & 52, 4th FLOOR, 8th MAIN KSRTC LAYOUT J.P.NAGAR, 2nd PHASE BANGALORE-560 078 REP.BY ITS PARTNERS.
1. SRI L. R. RAVISHANKAR.
2. SRI K. P. NAIDU.
... RESPONDENTS (BY SRI SUBRAMANYA HEDGE, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HON'BLE COURT TO APPOINT AN ARBITRATOR FOR ADJUDICATING THE DISPUTE BETWEEN THE PETITIONERS AND THE RESPONDENTS THAT HAS ARISEN PURSUANT TO THE JOINT DEVELOPMENT AGREEMENT AS PER THE ANNEXURE-A AND ETC.
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THIS CIVIL MISC. PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Surya Prakash Rao, learned counsel for petitioners. Sri.Subramanya Hegde, learned counsel for respondent.
2. The petition is admitted for hearing and the same is heard finally.
3. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioners inter alia seek appointment of an arbitrator to adjudicate the dispute between the parties.
4. I have heard learned counsel for the parties and perused the records.
5. Admittedly, the parties have entered into joint development agreement dated 11.07.2014 and Clause-21 of the aforesaid agreement contains an arbitration clause. In that regard, the petitioners have sent the notice to the respondent on 15.11.2017 and 02.02.2018 invoking the arbitration clause. In the aforesaid factual background, petitioners have approached this Court seeking appointment of an arbitrator.
6. After hearing learned counsel for the parties and taking into account the fact that admittedly, the parties have entered into an agreement on 11.07.2014, which contains an arbitration clause namely, clause No.21 and the dispute has arisen between the parties in relation to the aforesaid agreement, I deem it appropriate to appoint Sri Ashok B. Hinchigeri, a former Judge of this Court 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 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 VMB