IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE C.M.P.No.261/2018 BETWEEN:
SRI.RATANA RAJ KUMAR KOLA, S/O RAJA RAO KOLA AGED ABOUT 40 YEARS, R/A LO SHILPITHA CASCADE, 6TH ‘G’ CROSS, KAGGADASAPURA, BANGALORE – 560 093.
(BY SRI. T.S.VENKATESH, ADVOCATE) AND:
M/S. DREAMZ INFRA INDIA LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, HAVING ITS OFFICE AT:NO.577/B, 2ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, KORAMANGALA, NEAR SILK BOARD, BANGALORE – 560 034. REPRESENTED BY IT’S MANAGING DIRECTOR, MS.DISHA CHOUDHARY.
…PETITIONER …RESPONDENT (NOTICE TO RESPONDENT IS HELD SUFFICIENT VIDE ORDER DATED 15.03.2019) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT ANY COMPETENT PERSON/RETIRED DISTRICT JUDGE OR ARBITRATORS EMPANELLED IN PANEL OF ARBITRATORS, OF THE ARBITRATION AND CONCILIATION CENTER, HOUSED AT KANIJA BHAVANA, NO.49, 3RD FLOOR, EAST WING, RACE COURSE ROAD, BENGALURU, AS ARBITRATOR IN THE INTEREST OF JUSTICE AND EQUITY AND A PASS SUCH OTHER OR DIRECTION THAT THIS HON’BLE COURT DEEMS FIT TO PASS UNDER THE CIRCUMSTANCES OF THE CASE, IN TERMS OF ANNEXURE – A.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. T. S. Venkatesh, learned counsel for the petitioner.
None for the respondent.
The petition is admitted for hearing and the same is heard finally.
2. By means of this petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred as ‘the Act’, for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute that has arisen between the petitioner and the respondent.
3. Facts giving rise to the filing of this petition briefly stated are that the respondent is a company registered under the Companies Act, 1956. The respondent is the owner and developer of the immovable property bearing New Katha No.61, property No.8-5-1A (Old Sy.No.8/5, House List No.1A, Katha No.117/69/1) measuring 3,200 sq. ft. and property bearing New Katha No.62, Property No.8-5-1B (Old Sy.No.8/5, House List No.1B, Katha No.117/69/1) measuring 6,400 sq. ft., in all measuring 9600 sq. ft., situated in Roopena Agrahara village, Beguru Hobli, Bengaluru South Taluk. The respondent had entered into an agreement of sale on 18.07.2016 with the petitioner to construct and sell Flat No.208 in 2nd floor. Clause 8 of the Agreement of Sale contains an arbitration clause. Admittedly, the dispute between the parties has arisen thereafter. The petitioner sent a notice to the respondent on 16.07.2018. However, no response was received from the respondent. In the aforesaid factual background, this petition has been filed.
4. I have heard the learned Counsel for the petitioner at length.
5. Clause 8 of the Agreement of sale reads as under:
“8. Default In the event of any defaults, violations of the terms and conditions of this Agreement on the part of either of the parties, each of the parties shall have the right to approach the appropriate courts of law within the Bangalore Jurisdiction only, with respect to the terms and conditions of this Agreement against the party who is in default, upon failure of arbitration proceedings.”
6. Thus, it is evident that in the event of any dispute or difference arising between the parties, the dispute has to be resolved in accordance with the provisions of the Act.
7. The petitioner has served the notice dated 16.07.2018 which has not received any response from the respondent. Despite notice being served, the respondent is unrepresented.
8. In the fact situation of the case and having taken into account the arbitration clause contained in the Agreement of Sale, I deem it appropriate to appoint Mr. M. Nagarajan, Ex-CAT Member, as the sole arbitrator to adjudicate the dispute between the parties.
9. Accordingly, this petition under Section 11 (6) of the Act is disposed of by appointing Mr. M. Nagarajan, Ex-CAT Member, 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.
10. 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 Mr. M. Nagarajan, on the address available with the said Arbitration Centre, Bengaluru.
Sd/- JUDGE VP