Allowed

Sri L Pandu v. M/S Ishtika Homes Pvt. Ltd.

Karnataka HC12 Apr 2021CMP/36/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Section 11(5) petition filed by a landowner against a developer under a Joint Development Agreement. Finding the respondent received no notice to file objections, the court appointed a retired judge as arbitrator.

What did the court decide?

Appointment of Shri. Justice L. Sreenivasa Reddy as arbitrator to resolve the dispute under the Rules governing the Arbitration and Conciliation Centre at Bengaluru.

Sri L Pandu Vs M/S Ishtika Homes Pvt. Ltd. — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

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CIVIL MISCELLANEOUS PETITION NO.36/2021

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BETWEEN:

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Sri.L.Pandu, S/o.Late Ramalingaiah @ Lingappa, Aged about 77 years, R/o No.34, 35/3, Sri.RamarathnaNilaya, Dwarka Layout, Kembathahalli, Gottigere Post, Bengaluru-560083. ... Petitioner (By Sri. Vijetha.R.Naik, Advocate)

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AND:

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M/s.Ishtika Homes Pvt. Ltd., No.937, 21^st Main Road, 9^th Cross, JP Nagar, 2^nd Phase, Bengaluru-560078. Represented by its Managing Director, Sri.Chiranjeevi Reddy. …Respondent By Sri.Prakash.M.H, Advocate)

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This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to appoint an arbitrator as per Clause 15 of the Joint Development Agreement dated 03.04.2019 produced as Annexure-E with a direction to enter into reference, complete the proceedings and pass an appropriate award, in the interest of justice and equity.

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This Civil Miscellaneous Petition coming on for Admission , this day, the Court made the following:

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ORDER

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The petitioner is stated to be the land owner and

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had entered in to the Joint Development Agreement with the respondent dated 03.04.2019 and it is further submitted that the respondent has not carried out any work in pursuance of the said agreement and accordingly, disputes have arisen in light of Clause-15 which provides for redressal of grievance by resort to arbitration.

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Legal notice came to be issued at

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Annexure-G detailing the dispute, which has been received by the respondent and in light of absence of

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concurrence regarding appointment of arbitrator,

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present petition has been filed.

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Upon notice no objections have been filed

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on behalf of the respondent.

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Taking note of the Joint Development Agreement dated 03.04.2019 and noticing that Clause-15 provides for arbitration as regards redressal of legal grievances and noticing that the respondent thought served with legal notice in the present proceedings has not filed their statement of objections, the material on record clearly makes out that there is an agreement which provides for dispute resolution mechanism by way of arbitration as per Clause-15. The legal notice sent to the respondent details the said dispute, accordingly case is made out for allowing the petition.

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Accordingly, this petition under Section 11

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of the Act, 1996 is allowed. Shri. Justice L. Sreenivasa Reddy, Former Judge, High Court of Karnataka, “Manohar Nilaya”, No.21/1A, Lakshmi Road, Shanthinagar, Bengaluru-560027 is directed to act as an arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.

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All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal.

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A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter.

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Registry is directed to return all original

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documents produced by any of the parties after obtaining Photostat copies of the same.

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Sd/JUDGE

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Sri L Pandu v. M/S Ishtika Homes Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sri L Pandu v. M/S Ishtika Homes Pvt. Ltd.

Case brief

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What the court decided

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