Allowed

Sri T Gopala Reddy v. M/S Elv Builders

Karnataka HC7 Jul 2022CMP/63/2021

Case brief

AI extract

What is this about?

This court, under Section 11(5) of the Arbitration and Conciliation Act, 1996, allowed a petition seeking appointment of a sole arbitrator. Relying on a valid arbitration clause, the court appointed a retired District Judge to resolve the dispute between the petitioner and the respondent.

What did the court decide?

Appointment of Sri. Javad Pasha as sole arbitrator under the arbitration centre attached to this Court.

Sri T Gopala Reddy Vs M/S Elv Builders — Arbitration | Karnataka HC (2022)

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CMP No. 63 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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CIVIL MISC. PETITION NO. 63 OF 2021

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BETWEEN:

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SRI. T. GOPALA REDDY S/O LATE SRI T. THIMMARAYAPPA AGED ABOUT 56 YEARS R/AT NALURAHALLI VILLAGE K.R. PURAM HOBLI BENGALURU EAST TALUK BENGALURU - 560 016

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…PETITIONER

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(BY SRI. R.B. SADASHIVAPPA., ADVOCATE)

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AND:

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M/S. ELV BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.51 PAI LAYOUT, BEHIND PRASHANTHI LAYOUT HOPE FARM, BENGALURU - 560 066. REP. BY ITS PARTNERS

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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A. SRI E. BHASKAR S/O SRI VEERAIAH AGED ABOUT 34 YEARS

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B. SRI A. NAGARAJU S/O SRI A. VENKATESHWARA RAO AGED ABOUT 35 YEARS

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ALSO AT C/O ELV PROJECTS PVT. LTD., SY. NO. 50/11, BOREWELL ROAD WHITEFIELD, BENGALURU - 560 016

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…RESPONDENTS

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(BY SMT. GEETHA .R. SHINDE, ADVOCATE)

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CMP No. 63 of 2021

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THIS CIVIL MISC. PETITION UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO ALLOW THE ABOVE PETITION AND APPOINT ANY HON'BLE RETIRED DISTRICT JUDGE AS THIS HON'BLE COURT DEEMS FIT SO THAT THE LEARNED ARBITRATOR MAY ENTER ON REFERENCE AND RESOLVE AND DECIDE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE PROVISION OF THE ARBITRATOR AND CONCILIATION ACT, 1996 VIDE AGREEMENT DATED 31/01/2015, CLAUSE 18.1 , VIDE ANNEXURE.A AND ETC.,

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

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ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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a. Allow the above petition and appoint any Hon'ble Retired District Judge as this Hon'ble Court deems fit so that the learned Arbitrator may enter on reference and resolve and decide the dispute between the petitioner and the respondent as per the provision of the Arbitrator and Conciliation Act, 1996 vide agreement dated 31.01.2015, clause 18.1 vide Annexure-A.

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b. And grant such other order or directions as this Hon’ble Court deems fit under the circumstances of the case, including costs, in the interest of justice and equity.

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The petitioner and the respondent had entered into a

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Joint Development Agreement dated 31.01.2015,

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which is governed by an arbitration clause in terms

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CMP No. 63 of 2021

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of Clause 18 which is extracted hereunder for easy reference:

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18. Arbitration:

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18.1) In the event of there being any dispute with regards to this agreement or under this agreement or interpretation of any of the terms and conditions of this agreement the same may be referred to arbitration of a sole Arbitrator to be appointed by the parties and such Arbitration shall be in English and as per the provisions of Arbitration and Conciliation Act, 1996. The seat of such Arbitration shall be Bangalore”.

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There being certain disputes between the parties, a notice came to be issued by the petitioner on 31.12.2020 invoking the said arbitration clause and nominating an arbitrator on the part of the petitioner. However, no reply to the same was received though notice was served. Hence, the petitioner is before this Court seeking for the aforesaid reliefs.

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On the petition being filed, notice was ordered on the respondent and the respondent entered appearance through a counsel. However, the said counsel has not been appearing in the matter. Vide order dated

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CMP No. 63 of 2021

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23.06.2022, this Court had put on notice to the respondent that if none were to appear for the respondent on the next date, the matter would be taken up for consideration in their absence. Today also none appears for the respondent. Hence, the matter is taken up for consideration.

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The existence of an arbitration clause has neither been disputed nor are the disputes disputed by replying to the legal notice or by filing any objections. As such, I’am of the considered opinion that there is a contractual relationship between the parties under the Joint Development Agreement and there being disputes, the same is required to be resolved by way of an arbitration in terms of clause 18 thereof. Hence, I pass the following:

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ORDER

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i. The petition is allowed.

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ii. Sri.Javad Pasha, a retired District Judge of the District Judiciary of the State of Karnataka is

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CMP No. 63 of 2021

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appointed as a sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

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iii. Registry is directed to forward a copy of this order to the Director, Arbitration Centre for doing the needful.

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iv. All contentions are left open.

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Sd/JUDGE

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Prs*

Sri T Gopala Reddy v. M/S Elv Builders

Case brief

What is this about?

What did the court decide?

Sri T Gopala Reddy v. M/S Elv Builders

Case brief

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