Allowed

Mr Kishore Dattatreya Pai v. Expat Greens Pvt. Ltd.

Karnataka HC13 Oct 2023CMP/209/2022

Case brief

AI extract

What is this about?

In a Civil Miscellaneous Petition under Section 11 of the Arbitration and Conciliation Act, 1996, the Court considered a petition for appointing an arbitrator arising from a Letter of Intent for a real estate project. The Court allowed the petition and appointed a retired District Judge as the sole arbitrator.

What did the court decide?

Appointment of Sri. Vishwanath V. Angadi, Retd. District Judge, as the sole arbitrator to adjudicate the dispute.

Mr Kishore Dattatreya Pai Vs Expat Greens Pvt. Ltd. — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:37461 CMP No. 209 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 209 OF 2022

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BETWEEN:

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MR KISHORE DATTATREYA PAI S/O MR DATTATRAYA PAI AGED ABOUT 58 YEARS, RESIDING AT HATAT COMPLEX A FLAT NO.301 WADI ADAI,MUSCAT, SULTANATE OF OMAN

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AND ALSO AT 4/67, JUHU TARANG CO OP SOCIETY NEW D N NAGAR ANCHERI (WEST) MUMBAI-400053.

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…PETITIONER

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(BY MS. ANAGHA JAYAPRAKASH.,ADVOCATE FOR SRI. ABHINAG S., ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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EXPAT GREENS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT NO.201, 2^ND FLOOR, CAPITAL TOWERS NO.180 KODAMBAKKAM HIGH ROAD, NUNGAMBAKKAM CHENNAI-600041.

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…RESPONDENT

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(VIDE ORDER DATED 26.05.2023 SERVICE OF NOTICE TO RESPONDENT HELD SUFFICIENT)

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NC: 2023:KHC:37461 CMP No. 209 of 2022

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THIS CMP IS FILED UNDER SECTION 11 OF THE ARITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT MR. VISHWANTH V. ANGADI, DISTRICT AND SESSIONS JUDGE (RETD) AS THE SOLE ARBITRATOR OR ARBITRATORS IN TERMS OF THE ARBITTRATION CLAUSE/AGREEMENT AS CONTAINED IN THE LETTER OF INTENT DATED 24^TH JUNE 2014 VIDE ANNEXURE-A TO ADJUDICATE UPON ALL THE DISPUTES BETWEEN THE PARTIES.

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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 petitioner, a non-resident Indian, has filed this petition for appointment of a sole Arbitrator relying upon the Letter of Intent dated 24.06.2014 and the agreement for arbitration as contained therein, and the Arbitration Notice dated 08.12.2020. The petitioner’s case is that the aforesaid Letter of Intent dated 24.06.2014 is signed bringing about an agreement with the respondent for purchase of a Studio Apartment in the residential project identified as ‘Expat Greens Private Limited’ proposed in Khandpoli Raighad District, Maharashtra and the

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NC: 2023:KHC:37461 CMP No. 209 of 2022

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agreement for arbitration is for resolution of disputes with Bengaluru as the venue for arbitration.

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The respondent has failed on the assurance in such Letter of Intent and the Notice issued for refund of monies received under the Letter of Intent is served on the respondent, but the respondent has not caused any reply. The learned counsel for the petitioner relies upon these circumstances to justify the appointment of the petitioner’s nominee to enter reference of the dispute. On a consideration of the afore, the following:

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ORDER

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[a] The petition is allowed, and Sri. Vishwanath V Angadi, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and

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NC: 2023:KHC:37461 CMP No. 209 of 2022

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International), Bengaluru according to the

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Rules governing the Centre.

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[b] The Registry is directed to communicate this order [by E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri. Vishwanath V Angadi, a retired District Judge, Address: No.1240, 14^th Main Road, Judicial Layout, Jakkur, Bengaluru – 560 065, [E-mail [email protected]] 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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AN/-

Mr Kishore Dattatreya Pai v. Expat Greens Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mr Kishore Dattatreya Pai v. Expat Greens Pvt. Ltd.

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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