Allowed

M Narayana v. M/S Snn Arjun Builders LLP

Karnataka HC7 Jun 2021CMP/58/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Civil Miscellaneous Petitions filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator. The Court allowed the petitions and appointed a retired Judge as the sole arbitrator after finding the respondent failed to respond to prior notices of nomination.

What did the court decide?

Appointment of Justice Ashok B Hinchigeri as the sole arbitrator to enter reference of the dispute and conduct proceedings.

M Narayana Vs M/S Snn Arjun Builders LLP — Arbitration | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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CIVIL MISCELLANEOUS PETITION NO.58/2021 C/W CIVIL MISCELLANEOUS PETITION 69/2021

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IN CMP NO. 58/2021

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BETWEEN :

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M. NARAYANA S/O LATE MUNIYAPPA @ LATE KOTE MUNIYAPPA AGED ABOUT 58 YEARS, R/AT NO.233, 4^TH CROSS, 27^TH MAIN, B T M 1^ST STAGE BENGALURU - 560 068. (By SRI. SRIHARI A. V., ADVOCATE)

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... PETITIONER

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AND :

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M/S SNN ARJUN BUILDERS LLP A PARTNERSHIP FIRM HAVING OFFICE AT SNN AGORA RAJ LAKE VIEW NO.3761 29^TH MAIN, BTM 2^ND STAGE N. S.PALYA MAIN ROAD BENGALURU-560076 REPRESENTED BY ITS PARTNER MR SHAH SANJAY.

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ALSO

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AT NO.4, 2^ND FLOOR, ELEPHANT ROCK ROAD, JAYANAGARA 3^RD BLOCK BENGALURU - 560 011 KARNATAKA.

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AND

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SNN AND MINDS EYE NO.4, 2^ND FLOOR DIAGONAL ROAD 3^RD BLOCK, JAYANAGARA BENGALURU - 560 011.

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... RESPONDENT

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(By SRI.S.F. GOUTHAM CHAND., ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(6)(a) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT SRI. ASHOK B. HINCHAGIRI (RETIRED) HON'BLE JUDGE, HIGH COURT OF KARNATAKA OR ANY OTHER RETIRED HON'BLE JUDGE OF THIS HON'BLE COURT AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES ARISING OUT OF THE JOINT DEVELOPMENT AGREEMENT DATED 05.07.2012 IN THE ABOVE MATTER IN PURSUANCE OF CLAUSE NO. 25 OF THE JOINT DEVELOPMENT AGREEMENT VIDE ANNEXURE-A AND TO PASS SUCH OTHER SUITABLE ORDERS AS NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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IN CMP NO. 69/2021

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BETWEEN :

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SMT SUBBAMMA W/O LATE ERAPPA AGED ABOUT 58 YEARS,

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SRI E RAVI KUMAR S/O LATE ERAPPA AGED ABOUT 38 YEARS,

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SRI E SUBRAMANI @ MANI S/O LATE ERAPPA AGED ABOUT 36 YEARS,

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SRI MURTHY S/O LATE ERAPPA AGED ABOUT 33 YEARS,

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SRI BABU S/O LATE ERAPPA AGED ABOUT 28 YEARS,

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PETITIONERS NO.(1) TO (5) ARE RESIDING AT NO.275/1 KOTEMUNIYAPPA BUILDING, BILEKAHALLI BANNERGHATTA ROAD BENGALURU - 560 076.

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SRI YELLAPPA S/O LATE MUNIYAPPA ALIAS LATE KOTE MUNIYAPPA. AGED ABOUT 63 YEARS,

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SRI NAGESH S/O SRI YELLAPPA AGED ABOUT 40 YEARS,

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SMT SHOBHA D/O SRI YELLAPPA AGED ABOUT 33 YEARS,

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SMT GEETHA D/O SRI YELLAPPA AGED ABOUT 30 YEARS ,

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SMT YASHODA D/O SRI YELLAPPA

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AGED ABOUT 29 YEARS PETITIONERS NO. 6 TO (10) RESIDING AT NO.274 KOTEMUNIYAPPA BUILDING, BILEKAHALLI BANNERGHATTA ROAD BENGALURU - 560 076.

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SRI KRISHNAPPA M S/O LATE MUNIYAPPA ALIAS LATE KOTE MUNIYAPPA AGED ABOUT 53 YEARS,

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SRI PRASAD S/O SRI KRISHNAPPA M AGED ABOUT 33 YEARS,

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SRI THILAK KUMAR S/O SRI KRISHNAPPA. M AGED ABOUT 28 YEARS,

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SMT. SHASHIKALA D/O SRI KRISHNAPPA M AGED ABOUT 30 YEARS

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PETITIONERS NO.(11) TO (14) ARE RESIDING AT NO.275/1 KOTEMUNIYAPPA BUILDING, BILEKAHALLI BANNERGHATTA ROAD BENGALURU - 560 076.

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SMT JAYAMMA D/O LATE MUNIYAPPA ALIAS LATE KOTE MUNIYAPPA W/O RAMAPPA AGED ABOUT 60 YEARS, R/AT YELENAHALLI VILLAGE BEGUR HOBLI, BANGALORE SOUTH TALUK.

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SRI M. NARAYANA S/O LATE MUNIYAPPA ALIAS LATE KOTE MUNIYAPPA AGED ABOUT 58 YEARS,

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KUMARI NETHRAVATHI. N D/O SRI M NARAYANA AGED ABOUT 33 YEARS

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SRI MANJUANTH. N S/O SRI M. NARAYANA AGED ABOUT 29 YEARS,

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KUMARI PAVITHRA. N D/O SRI M NARAYANA AGED ABOUT 25 YEARS PETITIONERS NOS. (16) TO (19) ARE RESIDING AT NO.233, 4^TH CROSS, 27^TH MAIN, B TM 1^ST STAGE BENGALURU - 560 068.

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SMT SAVITHRAMMA D/O LATE MUNIYAPPA ALIAS LATE KOTE MUNIYAPPA W/O NARAYANASWAMY AGED ABOUT 46 YEARS, R/AT JUNNASANDRA VILLAGE, RAINBOW GARDEN SARJAPURA ROAD BANGALORE.

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SMT VANAJAKSHI W/O LATE VENKATESH AGED ABOUT 40 YEARS

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DEEPAK, S/O LATE VENKATESH AGED ABOUT 21 YEARS

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MASTER DILIP S/O LATE VENKATESH AGED ABOUT 18 YEARS BEING MINOR REPRESENTED BY HIS NATURL GUARDIAN AND MOTHER SMT. VANAJAKSHI PETITIONERS NO. (21) TO (23) ARE RESIDING AT NO.275/1, KOTEMUNIYAPPA BUILDING BILEKAHALLI, BANNERGHATTA ROAD BENGALURU - 560 076.

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... PETITIONERS

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(BY SRI. SRIHARI A. V., ADVOCATE)

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AND :

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M/S SNN ARJUN BUILDERS LLP A PARTNERSHIP FIRM HAVING OFFICE AT SNN AGORA RAJ LAKE VIEW NO.3761, 29^TH MAIN BTM 2^ND STAGE N. S. PALYA MAIN ROAD BENGALURU - 560 076 REPRESENTED BY ITS PARTNER MR SHAH SANJAY. ALSO AT NO.4, 2^ND FLOOR, ELEPHANT ROCK ROAD JAYANAGARA 3^RD BLOCK BENGALURU - 560 011 KARNATAKA.

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SNN MINDS EYE NO.4, 2^ND FLOR, DIAGONAL ROAD

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3^RD BLOCK, JAYANAGARA BENGALURU - 560 011.

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... RESPONDENT

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(BY SRI.S.F. GOUTHAM CHAND, ADVOCATE)

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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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The petitioners, who are the owners of respective extents of land in survey No. 21 and survey No. 20 Kodichikkanhalli Village, Begur Hobli, Bangalore South Taluk, have filed this application for appointment of Justice Shri Ashok B Hinchigeri, a Former Judge of this Court, as the sole arbitrator to enter reference of the

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dispute between them and the respondent for

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arbitration.

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It is undisputed that the petitioners have entered into corresponding Joint Development Agreements dated 05.07.2012 with the respondent, a Builder, for development of their respective properties, and they have agreed for resolution of all disputes between them by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (for short 'the Act') . The agreement in this regard is in clause 25 of each of the Joint Development Agreements.

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The petitioner contends that the respondent, despite repeated opportunities, has not even commenced the development, and the respondent, as canvassed by its learned counsel, is constrained to commence development because of unavoidable reasons but is willing to talk to the petitioners for an amicable

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resolution. The learned counsel for the petitioner denies possibilities for settlement. However, it is obvious that there are disputes between the petitioners and the respondent and they have agreed to have such disputes resolved by arbitration by a sole arbitrator.

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The petitioners have initially filed petitions

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under Section 11 of the Arbitration and Conciliation Act, 1996 before this Court in CMP No. 265/2019 and 266/2019. These petitions are permitted to be withdrawn because they were not preceded by a notice as would be necessary under the aforesaid provisions. After the disposal of the aforesaid petitions, the petitioners have again issued notice calling upon the respondent to concur with their nomination of Justice Shri Ashok B Hinchigeri, former Judge of this Court, as the sole arbitrator. The respondent has received such notices, but has failed to respond. This Court has adjourned the petitions on occasions because it was

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submitted that there could be a settlement, but such settlement, as recorded supra, is elusive as of now; and the learned counsel for the parties by consensus submit that Justice Shri Ashok B Hinchigeri, former Judge of this Court could be appointed as the sole arbitrator.

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In these circumstances, the petitions are allowed appointing Justice Ashok B Hinchigeri, former Judge, Apartment No.1431, Embassy Habitat, No.59, Palace Road, Vasanthnagar, Bengaluru – 560 052 Mobile No.9448289039, as the sole arbitrator to enter reference of the dispute between the petitioners and the respondent and conduct proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the said Arbitration Centre. The Office is directed to communicate this order to the Arbitration and Conciliation Centre and Justice Shri Ashok B Hinchigeri, former Judge, as required under the

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Appointment of Arbitrators by the Chief Justice of India Scheme, 1996.

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SD/JUDGE

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M Narayana v. M/S Snn Arjun Builders LLP

Case brief

What is this about?

What did the court decide?

M Narayana v. M/S Snn Arjun Builders LLP

Case brief

What is this about?

What did the court decide?

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