IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.18 OF 2019 BETWEEN:
SRI K.C. SAMARA SHEKAR K.C.
SON OF SRI K.S. CHANDRA SHEKHAR AGED ABOUT 38 YEARS REPRESENTED BY HIS P.A. HOLDER SRI K.S. CHANDRA SHEKHAR RESIDING AT NO.131, 2ND MAIN AECS LAYOUT IN SY.NO.12/1 GEDDALAHALLI VILLAGE BENGALURU NORTH BENGALURU-560 094. …PETITIONER (BY SRI T.V. VIJAY RAGHAVAN, ADV.) AND:
SMT. T. LAKSHMI SAROJA WIFE OF SRI T. VENU GOPAL AGED 56 YEARS RESIDING AT NO.1651/2M8TH MAIN B BLOCK, SAHAKARANAGAR BENGALURU-560 092. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE ARISEN BETWEEN THE PETITIONER AND THE RESPONDNT IN TERMS OF THE CLAUSE 17.4 OF THE JOINT DEVELOPMENT AGREEMENT DATED:27.02.2016 AND TO GRANT SUCH OTHER RELIEF/RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri T.V. Vijay Raghavan, learned counsel for petitioner.
None for respondent though served.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. In this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as ‘the Act’ for short), the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. On perusal of the record, it is evident that the parties had entered into a joint development agreement on 27.02.2016 which contains an arbitration clause namely, clause No.17.4 and the dispute has arisen between the parties in relation to the aforesaid agreement. In that regard, the petitioner had sent a notice to the respondent on 22.11.2018 invoking the arbitration clause. However, requisite action was not taken by the respondent in terms of the arbitration clause.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Act as well as taking into account the fact that none has appeared on behalf of the respondent to oppose the prayer made in this petition, I deem it appropriate to appoint Sri B. Yoginath, Retired District and Session Judge as Sole Arbitrator to adjudicate the dispute between the parties.
6. 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