Allowed

Sri N S Prakash @ Prakash Nama v. M/S. White Oak Realty Partners

Karnataka HC5 Feb 2021CMP/380/2019

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996, for the appointment of an arbitrator. The petitioner alleged disputes under a Joint Development Agreement and served a legal notice, but the respondent failed to respond. The court held that the notice was sufficient and directed the appointment of a retired District Judge as the sole

What did the court decide?

Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 allowed; Shri K.M. Thammaiah, Retired District Judge, appointed as sole arbitrator.

Sri N S Prakash @ Prakash Nama Vs M/S. White Oak Realty Partners — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF FEBRUARY 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.380/2019

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BETWEEN:

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Sri. N.S. Prakash @ Prakash Nama S/o. Late. N.V. Srinivasa, R/at.198F, 27^th Cross, 3^rd Block, Jayanagara, Bengaluru-560 011.

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Represented by his GPA Holder Dr. N.S. Shankar, S/o. Late N.V. Srinivasa, R/at. 198F, 27^th Cross, 3^rd Block, Jayanagara, Bengaluru-560 011. ... Petitioner (By Sri. H.M. Muralidhar, Advocate)

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AND:

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M/s. White Oak Realty Partners, A Partnership Firm, Having its Office at, Sy.No.6 & 24, Kalyani Platina Campus, EPIP Zone, Kundalahalli, Bengaluru-560 037

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Represented as Managing Partners of

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Sri. Vasu C. Reddy Aged Major,

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2. Sri. Bogineni Jagadeeswara Babu Aged Major.

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…Respondents

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(R1 Served)

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This Civil Miscellaneous Petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 read with Rule 2 of Scheme for appointment of aRbitrator by Karnataka High Court praying to appoint Sri. J. Somashekara, retired District Judge and Arbitrator, Bengaluru as the arbitrator or any other person as sole arbitrator whose fee is to be within the reach of he petitioner as the arbitrator to adjudicate the disputes that has arisen between the petitioner and respondents with respect to Joint Development Agreement & GPA dated 26.02.2016, cancellation of JDA and revocation of power of attorney issued by petitioner and claims of the petitioners and for such other orders directions etc., that this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.

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

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ORDER

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The petitioner has sought for appointment of an arbitrator to resolve the dispute that has arisen consequent to the execution of Joint Development Agreement and GPA dated 26.02.2016.

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The petitioner submits that petitioner and

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the respondent have entered into Joint Development

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Agreement and the respondent has not commenced work as was required under the Joint Development Agreement. It is further submitted that in light of the disputes that have arised, Clause – 24 which provides for dispute resolution by way of arbitration at the Arbitration Centre, Karnataka, legal notice is said to have been addressed to the respondent as per Annexure-E.

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It is further submitted that the said postal tracking consignment record maintained by the postal department would indicate that notice has been served and as there was no further action on behalf of the respondent and accordingly, the present petition has been filed.

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It is noticed that notice has been served on

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the respondent, however, there is no representation

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on behalf of the respondent. Hence, notice is held sufficient.

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In light of absence of any representation on behalf of the respondent and contravention of the assertions made, taking note of the agreement at Annexure-A, the dispute as set out in the legal notice and the acknowledgment for having served the legal notice, case is made out for allowing the petition.

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Accordingly, this petition under Section 11 of the Act, 1996 is allowed. Shri.K.M.Thammaiah, Retired District Judge, No.12, 14^th Main Road, 3^rd Cross, Judicial Layout, GKVK Post, Bengaluru – 560065 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 documents produced by any of the parties after obtaining Photostat copies of the same.

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Sd/-

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JUDGE

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NS

Sri N S Prakash @ Prakash Nama v. M/S. White Oak Realty Partners

Case brief

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Sri N S Prakash @ Prakash Nama v. M/S. White Oak Realty Partners

Case brief

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