IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.100 OF 2016 BETWEEN:
1. M/s. Sriven Properties, A Partnership Firm, Represented by its Managing Partner, Sri. T. J. Raghavendra Murthy, Having its office at No.65, Vinayaka Towers, 1st Floor, 27th Cross, 8th “B” Main, Jayanagar 4th Block, (Near Maiyas Hotel), Bengaluru – 560 011.
2. Sri. T. J. Raghavendra Murthy, Aged about 42 years, Managing Partner, M/s. Sriven Properties, A Partnership Firm, Having its office at No.65, Vinayaka Towers, 1st Floor, 27th Cross, 8th “B” Main, Jayanagar 4th Block, (Near Maiyas Hotel), Bengaluru – 560 011. … Petitioners (By Sri. G. V. Dayananda, Advocate) AND:
1. Sri. C. Munigowda, Aged about 77 years, S/o late Chikkamuniswamappa, 2. Smt. Muniyamma, Aged about 72 years, W/o C.Munigowda, 3. Sri. C. M. Munindra Kumar, Aged about 48 years, S/o Sri. C. Munigowda, 4. Smt. Banumathi T., Aged about 37 years, W/o Sri. C. M. Munindra Kumar, 5. Sri. M. Varun Kumar, Aged about 17 years, S/o Sri.C.M.Munindra Kumar, 6. Kum. Dhanuja M., Aged about 15 years, D/o Sri. C. M. Munindra Kumar, No.5 & 6 are minors Represented by their Natural Guardian and Father Sri. C. M. Munindra Kumar.
No.1 to 6 are residing at Talaghattapura Village, Near Thaya Apartment, Old Kanakapura Road, Talaghattapura Post, Uttarahalli Hobli, Bengaluru – 560 062.
7. Smt. Lakshmidevi, Aged about 37 years, W/o late Vajramuni, 8. V. Tharunya, Aged about 16 years, D/o late Vajramuni, 9. V. Sharanya, Aged about 13 years, D/o late Vajramuni, No.8 & 9 are minors Represented by their Natural guardian and Mother Smt. Lakshmidevi.
No.7 to 9 are residing at C/o Chikkagangappa, Chunche Gowdana Hosahalli, Rameshpura Post, Doddabelavangala Hobli, Doddaballapura Taluk, Doddaballapura – 561 203.
10. Sri. C. Muniramaiah, Aged about 67 years, S/o late Chikkamuniswamappa, (R10 dead, deleted as per order of Court) 11. Smt. Kamalamma, Aged about 57 years, W/o Sri. C. Muniramaiah, 12. Smt. Devalatha M., Aged about 38 years, D/o Sri. Muniramaiah, 13. Smt. Banumathi M., Aged about 36 years, D/o Sri. Muniramaiah, 14. Sri. Munichandregowda, Aged about 34 years, S/o Sri. Muniramaiah, 15. Sri. Maheshchandra, Aged about 31 years, S/o Sri. Muniramaiah, No.10 to 15 are Residing at Talaghattapura Village, Near Thaya Apartment, Old Kanakapura Road, Talaghattapura Post, Uttrahalli Hobli, Bengaluru – 560 062.
… Respondents (By Sri.B.N.Sridharan, Adv., for R1 to R9 – Absent; Sri.M.Madhusudan, Adv., for R10-15) This Civil Miscellaneous Petition is filed under Section 11 (6) of the Arbitration and Conciliation Act 1996, praying to appoint a sole arbitrator to adjudicate the differences between the petitioners and the respondents under the JDA dated 20.01.2015, which is registered as Document No.BSG-1-06935/2014-15 of Book – 1, stored in CD No.BSGD265, registered on 09.02.2015, in the office of the Sub–Registrar, Basavanagudi, Bangalore and pass such other suitable orders as this Hon’ble Court deems fit to grant under the facts and circumstances of this petition, in the interest of justice and equity.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. G. V. Dayananda, learned counsel for the petitioners.
Sri. M. Madhusudan, learned counsel for respondent Nos.10-15.
Learned counsel for respondent Nos.11 to 15 has filed a memo reporting the death of respondent No.10. The aforesaid memo is taken on record.
2. Learned counsel for the petitioners submits that legal representatives of respondent No.10 are already on record and they have been arrayed as respondent Nos.11 to 15. He, therefore, seeks leave of this Court to delete the name of respondent No.10 from the cause title. Let necessary amendment be carried out during the course of the day.
3. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
4. By means of this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, petitioners inter alia seek appointment of an arbitrator.
5. Admittedly, the parties had entered into an agreement dated 20.01.2015. Clause 27 of the aforesaid agreement contains an arbitration clause. Petitioners sent notice on 14.01.2016 invoking the arbitration clause. Thereafter, the petitioners have approached this Court by filing this petition.
6. I have heard learned counsel for the parties. Admittedly, there is an agreement between the parties, which contains the arbitration clause. The arbitral proceeding have commenced after the amendment Act, 23.10.2015 has come into force.
Therefore, this Court in view of Section 11(6A) of the Act, is required to examine the existence of an arbitration agreement. Admittedly, the arbitration agreement exists between the parties in the form of Clause 27. The dispute has arisen between the parties, which needs to be adjudicated by an arbitrator.
7. In the facts of the case, I deem it appropriate to appoint Hon’ble Mr. Justice Ajit J. Gunjal, former judge of this Court as the Arbitrator to adjudicate the dispute between the parties.
8. In view of preceding analysis the petition filed by the petitioners under Section 11(6) of the Act succeeds and is hereby allowed. Accordingly, Hon’ble Mr. Justice Ajit J. Gunjal, former judge of this Court is appointed as Sole Arbitrator to adjudicate the dispute between the parties.
9. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioners 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 Mds/-