Allowed

Mr K S M Shabbir v. M/S Nitesh Estates Limited

Karnataka HC10 Nov 2022CMP/162/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a Civil Miscellaneous Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996. The petitioners sought appointment of an arbitrator due to default by the respondent under a Development Agreement. The Court appointed Sri. N. Narayana as the sole arbitrator.

What did the court decide?

Appointment of Sri. N. Narayana as the Sole Arbitrator to conduct proceedings at the Arbitration and Conciliation Centre, Bengaluru.

Mr K S M Shabbir Vs M/S Nitesh Estates Limited — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO.162 OF 2018

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BETWEEN:

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MR K S M SHABBIR AGED ABOUT 68 YEARS S/O SYED MOHIDDIN

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MRS SHERBANU SHABBIR AGED ABOUT 60 YEARS W/O K S M SHABBIR

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BOTH AT NO.1201, 16TH MAIN 2ND STAGE, BTM LAYOUT BENGALURU 560078

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…PETITIONERS

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(BY SRI. SANJAY NAIR., AND MANJU M.S., ADVOCATES)

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AND:

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M/S NITESH ESTATES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NITESH TIMES SQUARE , 7TH FLOOR NO.8, M G ROAD BENGALURU 560001 REPRESENTED BY ITS EXECUTIVE DIRECTOR

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…RESPONDENT

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(RESPONDENT SERVED - UNREPRESENTED)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF THE ARBITRATION AGREEMENT CONTAINED IN THE JOINT DEVELOPMENT AGREEMENT DATED 07.07.2014 AT ANENXURE-A; AND IN TERMS OF SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996

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

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ORDER

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The learned counsel for the petitioners, is heard and

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none appears for the respondent who is served. The petitioners assert that they are the owners of the subject property which is offered for joint development to the respondent under a Development Agreement dated 07.07.2014; when the terms of the joint development were negotiated, the respondent had to undertake certain work within a definite timeline, but no work is commenced even after thirty five [35] months and as such, there is an arbitrable dispute. They rely upon the agreement for arbitration in the Joint Development Agreement.

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The petitioners have caused notice dated 10.03.2018 nominating a sole arbitrator on their behalf. The respondent has received the notice but has not caused any reply. In fact,

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the respondent do not contest this petition. The requisites for exercise of jurisdiction under Section 11(5) of the Arbitration and Conciliation Act, 1996 are shown and they remain uncontested. As such, the following:

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ORDER

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[a] The petition is allowed;

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[b] Sri. N. Narayana, a retired District Judge,

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Address: Nyaya Sadana 226, 3^rd E Cross, 3^rd Main Road, 3^rd Extension, Kalyan Nagar (H.R.B.R.), Bengaluru – 560 043, is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioners and respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.

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[c] The Registry is directed to communicate this order [also by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and Sri. N. Narayana, a retired District

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Judge, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High

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Court Scheme, 1996.

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Sd/JUDGE

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Mr K S M Shabbir v. M/S Nitesh Estates Limited

Case brief

What is this about?

What did the court decide?

Mr K S M Shabbir v. M/S Nitesh Estates Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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