Allowed

M/S Msk Shelters v. M/S Developer Group India Pvt. Ltd.

Karnataka HC1 Jul 2021CMP/91/2019

Case brief

AI extract

What is this about?

The Court allowed a Civil Miscellaneous Petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 to appoint an arbitrator for disputes arising from a Definitive Development Management Agreement, directing the communication of the order to the concerned parties and the Arbitration Centre.

What did the court decide?

Appointment of Hon'ble Mr. Justice A.V. Chandrashekar as sole arbitrator to resolve the dispute between the parties and conduct proceedings.

M/S Msk Shelters Vs M/S Developer Group India 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 01^ST DAY OF JULY 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. 91/2019

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BETWEEN :

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M/S MSK SHELTERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO. 2, MSK SQUARE, C T BED EXTESNION, BANASHANKARI II STAGE, BENGALURU - 560 070. REP BY ITS MANAGING PARTNER, SRI. M SURESH KUMAR.

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... PETITIONER

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(By SRI. ANANDA H.C., ADVOCATE)

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AND :

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M/S DEVELOPER GROUP INDIA PVT LTD A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO. F-6, BASEMENT, LAJPAT NAGAR-III, NEW DELHI - 110 024. REP BY ITS COMPANY SECRETARY.

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M/S. CAV INFRA LLP, A REGD. LIMITED LIABILITY PARTNERSHIP FIRM

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B-205, DURGA RAINBOW, OUTER RING ROAD, MAHADEVAPURA, BENGALURU - 560 048. REP. BY ITS DESIGNATED PARTNERS MR. GL CHANDRASEKHAR MR. VIJAYACHANDRAN SADASIVAN & MR. RAJINDER ANEJA.

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DR. SHANKARNAYANARAYANA S/O LATE KULLAPPA, SINCE DEAD, REP. BY HIS LR AND SON SRI. SHASHANK, MAJOR.

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SMT. INDIRA W/O DR. SHANKARANARAYANA MAJOR, RESIDING AT NO. 49, KK GARDEN DEVARABEESANAHALLI, SARJAPURA ORR BENGALURU - 560 013. REP. BY THEIR GPA HOLDER M/S. MSK SHELTERS, HAVING ITS OFFICE AT NO.2, MSK SQUARE, CT BED EXTENSION BSK II STAGE, BENGALURU - 560 070.

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... RESPONDENTS

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(By SRI.SRINIVASA RAGHAVAN, SENIOR ADVOCATE FOR SRI. PRASHANTH V.G., ADVOCATE FOR 1; NOTICE TO R2 SERVED; SRI. S.K. MITHUN., ADVOCATE FOR R3 & R4)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES ARISING OUT OF DEFINITIVE DEVELOPMENT MANAGEMENT AGREEMENT (DDMA) REGISTERED ON 22.04.2016 AND PASS SUCH OTHER ORDERS AS ARE

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DEEMED FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS PETITION 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. Prakash G.R., learned counsel for the petitioner and Sri. Srinivas Raghavan, learned Senior Counsel for the respondent No.1 are heard. It is pointed out that there is no dispute that the parties have entered into a Definitive Development Management Agreement dated 22.04.2016 agreeing to settle all the disputes arising from such agreement through arbitration preceded by mediation and the petitioner has raised certain disputes.

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The first respondent’s objection is that though notice is issued invoking arbitration clause, there is neither effort to initiate mediation nor compliance with the provisions of Section 11 of the Arbitration and

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Conciliation Act, 1996. However, after being heard for some time, the learned senior Counsel and the learned counsel for the petitioner submit in unison that Hon'ble Mr. Justice A.V. Chandrashekar, a former Judge of this Court could be appointed as the sole Arbitrator to enter reference of the dispute.

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In these circumstances, the petition is allowed appointing Hon’ble Mr. Justice A.V. Chandrashekar, a former Judge of this Court,No.406, 3^rd Floor, Ramashridhar Apartment, 2^nd Cross, 9^th Main, BTM Layout 2^nd Stage, Bengaluru - 560 076 [Mobile No.9886323178] as the sole arbitrator to enter reference of the dispute between the petitioner and the respondents 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

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Conciliation Centre and Hon’ble Mr. Justice Mr. A.V. Chandrashekar, former Judge of this Court, 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/-

M/S Msk Shelters v. M/S Developer Group India Pvt. Ltd.

Case brief

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What did the court decide?

M/S Msk Shelters v. M/S Developer Group India Pvt. Ltd.

Case brief

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