Sri. H.D Vijayakumar Vs M/S Shriram Properties Limited

SRI S G GIRISH KUMAR S/O H D GANGARAJU, AGED ABOUT 43 YEARS, PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY, NEAR GATE 5, OF MANYATA TECH PARK, RACHENAHALLI, BENGALURU - 560 045.

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SRI H V RAMACHANDRA S/O VENKATA KRISHNAPPA, AGED ABOUT 58 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SRI V KRISHNA KUMAR S/O VENKATA KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT,

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PETITIONER 1 TO 4 REPRESENTED BY G.P.A. HOLDER H.D.GANGARAJU S/O LATE DEVARAJ.

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... PETITIONERS

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(By SRI. PADMANABHA V. MAHALE., SENIOR ADVOCATE FOR SRI. H.R.ANANTHA KRISHNA MURTHY., ADVOCATE )

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AND :

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M/S SHRI RAM PROPERTIES (P) LIMITED A PUBLIC LIMITED COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 1956, OFFICE AT NO.31 (OLD NO.192) 2^ND MAIN ROAD, T CHOWDAIAH ROAD, NEAR BHASYAM CIRCLE, SADASHIVANAGAR, BENGALURU - 560 080 REP BY ITS REGIONAL DIRECTOR, AND AUTHORIZED SIGNATORY.

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... RESPONDENT

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(By SRI. AJESH KUMAR.S., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO I) APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONERS AND RESPONDENT ARISING OUT AND IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 19/05/2008 VIDE ANNEXURE-C AND

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ALL THE MATTERS CONCERNING THE TRANSACTIONS BETWEEN THE PARTIES.

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IN CMP 31/2021

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BETWEEN :

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SRI H D VIJAY KUMAR S/O LATE H. DEVANNA, AGED ABOUT 63 YEARS, R/AT NO.65, 5^TH MAIN, GANDHI NAGAR,. BENGALURU - 560 009.

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SRI H D SHIVA KUMAR S/O LATE H DEVANNA AGED ABOUT 66 YEARS R/AT NO.105, 5^TH CROSS, SOMESHWARA CAMBRIDGE LAYOUT ULSOOR, BENGALURU - 560 008.

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SRI H D GANGARAJ S/O LATE DEVANNA AGED ABOUT 73 YEARS PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY NEAR GATE 5 MANYATA TECH PARK RACHENAHALLI BENGALURU - 560 045.

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SRI S G GIRISH KUMAR S/O H D GANGARAJU, AGED ABOUT 43 YEARS, PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY, NEAR GATE 5, OF MANYATA TECH PARK, RACHENAHALLI, BENGALURU - 560 045.

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SRI H V RAMACHANDRA S/O VENKATA KRISHNAPPA, AGED ABOUT 58 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SRI V KRISHNA KUMAR S/O VENKATA KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SMT H V SOWBHAGYA W/O H D GANGARAJ AGED ABOUT 64 YEARS PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY NEAR GATE 5 MANYATA TECH PARK RACHENAHALLI, BENGALURU - 560 045.

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(PETITIONERS 1, 2 AND 4 TO 7 REPRESENTED BY G.P.A. HOLDER PETITIONER NO.3)

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... PETITIONERS

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(By SRI. PADMANABHA V. MAHALE., SENIOR ADVOCATE FOR SRI. H.R.ANANTHA KRISHNA MURTHY, ADVOCATE )

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AND :

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M/S SHRI RAM PROPERTIES LIMITED A PUBLIC LIMITED COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 1956, OFFICE AT NO.31 (OLD NO.192) 2^ND MAIN ROAD, T CHOWDAIAH ROAD, NEAR BHASYAM CIRCLE, SADASHIVANAGAR, BENGALURU - 560 080

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REP BY ITS REGIONAL DIRECTOR, AND AUTHORIZED SIGNATORY. (PRESENT ADDRESS)

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... RESPONDENT

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(By SRI. AJESH KUMAR. S., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO I) APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONERS AND RESPONDENT ARISING OUT AND IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 04/01/2008 VIDE ANNEXURE-C AND ALL THE MATTERS CONCERNING THE TRANSACTIONS BETWEEN THE PARTIES.

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IN CMP 32/2021

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BETWEEN :

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SRI H D VIJAY KUMAR S/O LATE H. DEVANNA, AGED ABOUT 63 YEARS, R/AT NO.65, 5^TH MAIN, GANDHI NAGAR, BENGALURU - 560 009.

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SRI H D SHIVA KUMAR S/O LATE H DEVANNA AGED ABOUT 66 YEARS R/AT NO.105, 5^TH CROSS, SOMESHWARA CAMBRIDGE LAYOUT

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ULSOOR, BENGALURU - 560 008.

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SRI H D GANGARAJ S/O LATE DEVANNA AGED ABOUT 73 YEARS

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PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY NEAR GATE 5 MANYATA TECH PARK RACHENAHALLI BENGALURU - 560 045.

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SRI S G GIRISH KUMAR S/O H D GANGARAJU, AGED ABOUT 43 YEARS, PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY, NEAR GATE 5, OF MANYATA TECH PARK, RACHENAHALLI, BENGALURU - 560 045.

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SRI H V RAMACHANDRA S/O VENKATA KRISHNAPPA, AGED ABOUT 58 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SRI V KRISHNA KUMAR S/O VENKATA KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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PETITIONERS 1,2 AND 4 TO 6 REPRESENTED BY G.P.A. HOLDER PETITIONER NO.3) ... PETITIONERS

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(By SRI. PADMANABHA V. MAHALE., SENIOR ADVOCATE FOR SRI. H.R.ANANTHA KRISHNA MURTHY., ADVOCATE )

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AND :

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M/S SHRI RAM PROPERTIES LIMITED A PUBLIC LIMITED COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 1956, OFFICE AT NO.31 (OLD NO.192) 2^ND MAIN ROAD, T CHOWDAIAH ROAD, NEAR BHASYAM CIRCLE, SADASHIVANAGAR, BENGALURU - 560 080 REP BY ITS REGIONAL DIRECTOR, AND AUTHORIZED SIGNATORY. (PRESENT ADDRESS)

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... RESPONDENT

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(By SRI. AJESH KUMAR.S., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO I) APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONERS AND RESPONDENT ARISING OUT AND IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 04/01/2008 VIDE ANNEXURE-C AND ALL THE MATTERS CONCERNING THE TRANSACTIONS BETWEEN THE PARTIES.

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IN CMP 33/2021

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BETWEEN :

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SRI V KRISHNA KUMAR S/O VENKATA KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO.421, RAMANAGARA MAIN ROAD, KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SRI. H.V. RAMACHANDRA S/O. VENKATA KRISHNAPPA AGED ABOUT 58 YEARS R/AT NO.421, RAMANAGARA MAIN ROAD,

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KANAKAPURA TOWN, BANGALORE RURAL DISTRICT.

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SRI H D GANGARAJ S/O LATE DEVANNA AGED ABOUT 73 YEARS PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY NEAR GATE 5 MANYATA TECH PARK RACHENAHALLI BENGALURU - 560 045.

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SRI H D SHIVA KUMAR S/O LATE H DEVANNA AGED ABOUT 66 YEARS R/AT NO.105, 5^TH CROSS, SOMESHWARA CAMBRIDGE LAYOUT ULSOOR, BENGALURU - 560 008.

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SRI S G GIRISH KUMAR S/O H D GANGARAJU, AGED ABOUT 43 YEARS, PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY, NEAR GATE 5, OF MANYATA TECH PARK, RACHENAHALLI, BENGALURU - 560 045.

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SMT H V SOWBHAGYA W/O H D GANGARAJ PRESENTLY R/AT NO.E-167, MANYATA RESIDENCY NEAR GATE 5 MANYATA TECH PARK RACHENAHALLI, BENGALURU - 560 045.

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(PETITIONER 1, 2 AND 4 TO 7 REPRESENTED BY G.P.A. HOLDER PETITIONER NO.3)

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... PETITIONERS

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(By SRI. PADMANABHA V. MAHALE., SENIOR ADVOCATE FOR SRI. H.R.ANANTHA KRISHNA MURTHY., ADVOCATE )

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AND :

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M/S SHRI RAM PROPERTIES LIMITED A PUBLIC LIMITED COMPANY INCORPORATED AND REGISTERED UNDER COMPANIES ACT 1956, OFFICE AT NO.31 (OLD NO.192) 2^ND MAIN ROAD, T CHOWDAIAH ROAD, NEAR BHASYAM CIRCLE, SADASHIVANAGAR, BENGALURU - 560 080 REP BY ITS REGIONAL DIRECTOR, AND AUTHORIZED SIGNATORY. (PRESENT ADDRESS)

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... RESPONDENT

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(By SRI. AJESH KUMAR.S., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO I) APPOINT A SOLE ARBITRATOR TO ADJUDICATE AND DECIDE THE DISPUTES AND DIFFERENCES BETWEEN THE PETITIONERS AND RESPONDENT ARISING OUT AND IN CONNECTION WITH THE JOINT DEVELOPMENT AGREEMENT DATED 25/07/2007 VIDE ANNEXURE-C AND ALL THE MATTERS CONCERNING THE TRANSACTIONS BETWEEN THE PARTIES.

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THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Sri. Padmanabha V. Mahale, learned senior

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counsel for the petitioners and Sri. Ajesh Kumar S, learned counsel for the respondent, are heard, and the records perused.

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The learned Senior Counsel and the learned counsel for the respondent submit that there is no dispute that the petitioners in each of these petitions have entered into a common Memorandum of Agreement dated 3.8.2006 with the respondent agreeing to offer their respective immovable properties for joint development, and in continuation of the terms of this Memorandum of Agreement, the petitioners have entered into separate registered Joint Development Agreement. The parties have agreed for consolidated development of the immovable properties and therefore have agreed for a common arbitration in the event of any dispute.

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According to the petitioners, the dispute is because the respondent who is required to commence consolidated development of the subject immovable properties in terms of the Memorandum of Understanding/Joint Development Agreements has not commenced such development and therefore, the petitioners have issued legal notices invoking arbitration clauses as contemplated under Section 11 of the Arbitration and Conciliation Act, 1996. The respondent contends inter alia that the dispute raised by the petitioners is time barred but it is entitled for certain reliefs against the petitioners. Though the parties have exchanged notices for consensus as contemplated under Section 11 of the Arbitration and Conciliation Act, 1996, there was no consensus as of the date of the petitions.

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However, presently the consensus amongst the petitioners and the respondent, as submitted by the learned Senior Counsel and the learned counsel for the

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respondent, is that a former Judge of this Court could be appointed as the sole Arbitrator to enter reference of all the disputes. In the light of the facts and circumstances of the case and the consensus amongst the petitioners and the respondent for the appointment of a common sole Arbitrator to enter reference of all the disputes, the following:

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ORDER

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[a] The petitions are allowed appointing

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Hon’ble Mr. Justice H.G. Ramesh, a former Judge of this Court, No.342A, 10th Main, Sector 7, HSR Layout, Bengaluru - 560 102 [Mobile No.9448289028], as the sole arbitrator to enter reference of the disputes between the petitioners and the respondent and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and

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International), Bengaluru according to the Rules governing the said Arbitration Centre.

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[b] All contentions inter se parties are left open for adjudication in the arbitration proceedings.

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[c] The Office is directed to

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communicate this order to the Arbitration and Conciliation Centre and Hon'ble Mr. Justice Shri H.G. Ramesh, former Judge, as required under the Appointment of Arbitrators by the Chief Justice of India Scheme, 1996.

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SD/JUDGE

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AN/-

Sri. H.D Vijayakumar v. M/S Shriram Properties Limited

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Sri. H.D Vijayakumar v. M/S Shriram Properties Limited

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