The High Court at Bengaluru appointed a sole arbitrator to resolve disputes between petitioners and respondent under a joint development agreement governed by an arbitration clause, accepting the respondent's lack of objection.
Rama Rao Kulkarni appointed as sole arbitrator; proceedings to be conducted at Bangalore Arbitration Centre.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP No. 68 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL MISC. PETITION NO. 68 OF 2021
BETWEEN:
PETITIONERS NO.2 AND 3 HEREIN REPRESENTED BY THEIR MOTHER AND SPA HOLDER MRS.DR. FREDERICA SAMUEL, PETITIONER NO.1.
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
ALL ARE PRESENTLY R/AT. NO.3, 4TH CROSS, BANASAWADI MAIN ROAD, MARUTHI SEVANAGAR, BANGALORE - 560 033.
…PETITIONERS
(BY SRI. BASAVANNA M D.,ADVOCATE)
AND:
M/S S P CONSTRUCTIONS A PROPRIETORY CONCERN HAVING ITS OFFICE AT, NO.401, TEJASWINI ENCLAVE, 4TH CROSS, THYAGARAJA LAYOUT,
CMP No. 68 of 2021
M.S. NAGAR POST, BANGALORE - 560 033. REPRESENTED BY ITS SOLE PROPRIETOR, SRI. S. PRATHAP, S/O. SRI. G. SELVARAJAN, AGED ABOUT 49 YEARS.
…RESPONDENT
(BY SRI. JAGADEESHA K J.,ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT AN ARBITRATOR FOR RESOLVING THE DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENT THAT HAVE ARISEN UNDER THE JOINT DEVELOPMENT AGREEMENT DATED 16/08/2014, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CMP COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
" To appoint an arbitrator for resolving the disputes between the petitioners and the respondent that have arisen under the Joint Development Agreement dated 16/08/2014, in the interest of justice and equity"
CMP No. 68 of 2021
“20.1 . In the event of there being any dispute with regards in view of this Agreement or interpretation of any of the terms and conditions of this Agreement the same shall be referred to arbitration of the sole Arbitrator to be appointed by the parties and as per provisions of Arbitrations and Conciliation Act, 1996. The Seat of such Arbitration shall be Bangalore”.
CMP No. 68 of 2021
ORDER
Sd/JUDGE
ln
2 issues framed by the court
Whether the court should appoint a sole arbitrator upon the joint development agreement dispute.
How the appointment of an arbitrator should be carried out.
1 provisions across 1 enactments
MRS DR FREDERICA SAMUEL AND ANS
M/S S P CONSTRUCTIONS A PROPRIETORY CONCERN
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
