IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.209 OF 2017 BETWEEN:
MR. SWADHIN P. PATRO S/O. SRI. P.V.R. PATRO AGED ABOUT 41 YEARS R/AT NO.205, LAKSHYA SAI NISURG APARTMENTS MARUTHINAGAR MALLESHPALYA MAIN ROAD BANGALORE-560 075. ... PETITIONER (BY MS. ARPITHA S., ADV. FOR SRI. MENTO ISAC, ADV.) AND:
1. M/S GLOBAL ASSOCIATES H.M. GENEVA HOUSE, NO.14 CUNNINGHAM ROAD BANGALORE-560 001 INDIA REPRESENTED BY MR. H.J. SIWANI, ITS PROPRIETOR.
2. MR. H.J. SIWANI MAJOR HM GENEVA HOUSE NO.14 CUNNINGHAM ROAD BANGALORE-560 001.
3. MR. M.J. SIWANI, MAJOR HM GENEVA HOUSE NO.14 CUNNINGHAM ROAD BANGALORE-560 001. ... RESPONDENTS (BY SRI. ABHINAV R., ADV. FOR R1 TO R3) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11 READ WITH RULE 4 OF THE HIGH COURT ARBITRATION (PROCEEDINGS BEFORE THE COURTS) RULES, PRAYING THIS COURT TO A) TO APPOINT AN ARBITRATOR FOR RESOLUTION OF DISPUTES BETWEEN THE PETITIONER AND RESPONDENTS PROVIDED IN PARA NO.10 OF THE SALE AGREEMENT DATED: 26/02/2005 AND PARA NO.28 OF THE CONSTITUTION AGREEMENT DATED: 26/02/2005. B) GRANT ANY OTHER RELIEF THAT THIS COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Ms. Arpitha S., learned Counsel for Mr. Mento Isac, learned Counsel for the petitioner.
Sri Abhinav R., learned counsel for the respondent.
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(5) 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 an agreement for sale as well as construction agreement both dated 26.02.2005 which contains arbitration clauses namely, clause Nos.10 and 28 respectively and the dispute has arisen between the parties in relation to the aforesaid agreements. In that regard, the petitioner had sent a notice to the respondent on 14.03.2017 invoking the arbitration clause. Respondent sent a reply notice dated 12.04.2017 repudiating the claim of the petitioner.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Act as well as the arbitration clauses contained in 10 and 28 of the agreements both dated 26.02.2005, I deem it appropriate to appoint Sri Chowdapurkar Arun, Retired District and Sessions 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 akc/-