IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE Civil Miscellaneous Petition No.350 of 2018 BETWEEN:
1. SRI.CHANDRAPPA, S/O.LATE M.NANJAPPA, AGED ABOUT 55 YEARS, 2. SMT.HEMALATHA, W/O.SRI.CHANDRAPPA, AGED ABOUT 42 YEARS, 3. SRI.C.MANJUNATH, S/O.SRI.CHANDRAPPA, AGED ABOUT 26 YEARS, 4. CHI.C.YUVARAJ, S/O.SRI.CHANDRAPPA, AGED ABOUT 13 YEARS, SINCE MINOR – REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN, SRI.CHANDRAPPA – THE PETITIONER NO.1 HEREIN.
ALL ARE RESIDING AT:
HIMMADIHALLI VILLAGE, HAGADOORU DHAKALE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560 036.
…PETITIONERS (BY SRI. S. KALYAN BASAVARAJ, ADV.) AND:
M/S. SAROJ BUILDERS AND DEVELOPERS, A PROPRIETARY CONCERN, HAVING ITS OFFICE AT NO.5, SILVER SPRING ROAD, MUNNEKOLALA, MARATHAHALLI POST, BENGALURU-560 037, REPRESENTED BY ITS MANAGING DIRECTOR, MR. C. H. CHAKRADHAR.
(BY SRI.V.NARAYANA KUMAR, ADV. - ABSENT) …RESPONDENT THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO PASS AN ORDER APPOINTING A SOLE ARBITRATOR IN THE MATTER OF DECIDING THE DISPUTE BETWEEN THE PARTIES HERETO IN TERMS OF THE JOINT DEVELOPMENT AGREEMENT DATED: 31/03/2011 (PRODUCED AT ANNEXURE-A) UNDER THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT 1996 AND TO PASS ANY OTHER ORDER OR ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. S. Kalyan Basavaraj, learned counsel for the petitioner. None for the respondent.
2. Petition is admitted for hearing.
3. By means of this application under Section 11(5) of the Arbitration and Conciliation Act, 1996, petitioner inter alia seeks appointment of the sole arbitrator to adjudicate the petitioner’s claim in accordance with clause 17 of the Joint Development Agreement dated 31.03.2011.
4. I have heard learned counsel for the petitioner.
5. Admittedly, the parties have entered into a Joint Development Agreement on 31.03.2011. Clause 17 of the agreement contains an arbitration clause which reads as under:
“17. Arbitration:
17.1. In the event of there being any dispute with regards to this Agreement or under this Agreement or interpretation of any of the terms and conditions of this Agreement the same shall be referred to arbitration of a sole Arbitrator to be appointed by the parties and as per the provisions of Arbitration and Conciliation Act, 1996. The seat of such Arbitration shall be Bangalore.”
6. Thus, it is evident that an agreement has been executed between the parties which is in writing, which contains an arbitration clause. Since the dispute had arisen between the parties, the petitioner had sent a notice dated 17.08.2018 to the respondent seeking appointment of an arbitrator. However, the aforesaid notice failed to evoke any response. In the aforesaid factual situation, this petition has been filed.
7. I have considered the submission made by the learned counsel for the petitioner and perused the records. From the perusal of the records, it is evident that the parties have entered into a Joint Development Agreement which contains an arbitration clause and the dispute had arisen between the parties. Therefore, I deem it appropriate to appoint Sri. Choudapurkar Arun, Former District & Sessions Judge, as sole arbitrator to enter into the said reference of Arbitration and act as an Arbitrator in the present case in the Arbitration Centre, Bengaluru, as per the Rules governing in the said Arbitration Centre.
8. A copy of this order be sent to the Arbitration Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter on administrative side and also to Sri. Choudapurkar Arun, on the address available with the said Arbitration Centre, Bengaluru.
9. Accordingly, this petition is disposed of.
Sd/- JUDGE RD