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.28 OF 2019 BETWEEN:
M/S. ZAFFAR’S STERLING ESTATES PVT. LTD.
WITH ITS REGISTERED OFFICE AT NO.401, STERLING HEIGHTS NO.139, INFANTRY ROAD BANGALORE-560 001 REPRESENTED BY ITS DIRECTOR MR. ZAFFAR FIAZ. …PETITIONER (BY SMT. BHARATHI PATIL, ADV. FOR SRI M.G.S. KAMAL, ADV.) AND:
MRS. M. UMADEVI WIFE OF MR. N. RAMAIAH RESIDING AT NO.418 12TH CROSS, SADASHIVANAGAR BANGALORE-560 030. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO PASS AN ORDER APPOINTING AN ARBITRATOR AND REFERRING THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT TO AN ARBITRAL TRIBUNAL, IN VIEW OF THE ARBITRATION AGREEMENT AT CLAUSE 23.3 OF THE JOINT DEVELOPMENT AGREEMENT AS PER ANNEXURE-A, HEREINABOVE AND ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Bharathi Patil for Sri M.G.S. Kamal, learned counsel for petitioner.
None for respondent though served.
2. The petition is admitted for hearing. With the consent of 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, the petitioner inter alia seeks for appointment of an Arbitrator to adjudicate the dispute between the parties.
4. After hearing the learned counsel for the petitioner and on perusal of the record, it is evident that the parties had entered into a joint development agreement on 16.01.2015 which contains an arbitration clause namely, clause No.23.3 and the dispute has arisen between the parties in relation to the aforesaid agreement. In that regard, the petitioner had sent a notice on 12.12.2018 invoking the arbitration clause. However, no action was taken by the respondent.
5. Bearing in mind the mandate contained in Section 11(6-A) of the Arbitration and Conciliation Act, 1996 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 Veeranna G. Tigadi, Former 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