Allowed

Sri Allugundaiah v. M/S Aishwarya Developers

Karnataka HC11 Jul 2022CMP/436/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a Civil Miscellaneous Petition filed under Section 11(5) of the Arbitration and Conciliation Act 1996, allowed the petition and appointed Sri B.Shivalingegowda as the sole arbitrator to adjudicate disputes arising from a Joint Development Agreement after finding sufficient grounds for commencing arbitration.

What did the court decide?

Appointment of Sri B.Shivalingegowda, retired District Judge, as the sole Arbitrator to conduct proceedings between the parties.

Sri Allugundaiah Vs M/S Aishwarya Developers — Arbitration | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY 2022

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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.436/2022

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BETWEEN :

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SRI ALLUGUNDAIAH

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S/O NARASIMHAIAH

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AGED ABOUT 65 YEARS

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SMT.CHIKKATHAIYAMMA W/O ALLUGUNDAIAH AGED ABOUT 63 YEARS

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SRI BASAVARAJU

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S/O ALLUGUNDAIAH AGED ABOUT 36 YEARS

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SMT.RENUKAMMA D/O.ALLUGUNDAIAH AGED ABOUT 34 YEARS

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SRI NARASIMHAIAH S/O ALLUGUNDAIAH AGED ABOUT 32 YEARS

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ALL ARE R/AT SHYANAMANGALA VILLAGE, BIDADI HOBLI,

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RAMANAGARA TALUK & DISTRICT ...PETITIONERS

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(BY SRI AKKI MANJUNATH GOWDA K, ADVOCATE)

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AND:

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M/S AISHWARYA DEVELOPERS A PARTNERSHIP FIRM HAVING IT’S REGISTERED OFFICE AT NO.185, FIRST MAIN,

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ANIKETHANA ROAD E BLOCK KUVEMPU NAGAR, CHAMARAJA MOHALLA MYSORE – 570 024

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REP. BY IT’S MANAGING DIRECTOR SRI T SHIVAPRAKASH S/O LATE THIMMEGOWDA ...RESPONDENT

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(BY SRI SANGAMESH R B, 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 FOR ADJUDICATON AND FOR RESOLUTION OF DISPUTES BY WAY OF ARBITRATION IN PURSUANCE OF THE CLAUSE 14 TO THE JOINT VENTURE AGREEMENT DATED 13.11.2009.

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THIS CIVIL MISCELLANEOUS 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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The petitioners and respondent have signed the Joint Development Agreement dated 13.11.2009 for development of certain lands in Shyanamangala village, Bidadi Hobli, Ramanagara Taluk, and the petitioners have also executed and registered simultaneous Power of Attorney in favour of the respondent to facilitate the development.

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The parties have agreed for resolution of the

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disputes by arbitration. The petitioners contend that the concerned authority has granted approval for development of the residential layouts and has also released certain sites for sale. The respondent, after executing the sale deeds for some of the sites released, has abandoned the development and therefore they are entitled for certain compensation. In fact, the petitioners have issued notice dated 31.01.2022 invoking the arbitration clause for the appointment of a sole arbitrator. The respondent, though served with such notice, has not issued any reply.

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It is obvious from the above that there are necessary ingredients for commencement of the arbitration proceedings, and as such, the sole arbitrator, as asserted by the petitioner, must be appointed but leaving all the questions open to be

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considered by the Arbitral Tribunal. Hence, the following:

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ORDER

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[a] The petition is allowed;

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[b] Sri. B.Shivalingegowda, retired District Judge, No.138, ‘Belaku’, 2^nd main, Judicial Layout, Thalaghattapura, Kanakapura Road, Bengaluru – 560 109, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioners and the 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 to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru, and Sri. B.Shivalingegowda, retired District Judge, No.138, ‘Belaku’, 2^nd main, Judicial Layout, Thalaghattapura, Kanakapura Road, Bengaluru – 560 109, as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

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Sd/JUDGE

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KSR

Sri Allugundaiah v. M/S Aishwarya Developers

Case brief

What is this about?

What did the court decide?

Sri Allugundaiah v. M/S Aishwarya Developers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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