Dismissed

M/S. J Sons Developers v. M/S Umrah Developers

Karnataka HC9 Oct 2023CMP/327/2023

Case brief

AI extract

What is this about?

This civil miscellaneous petition seeking appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 was disposed of. The Court found the petitioner invited the respondent's consensus on arbitrator reference, leading to no appointment.

What did the court decide?

The petition was disposed of. The Respondent is directed to consult the Registry.

M/S. J Sons Developers Vs M/S Umrah Developers — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:36594 CMP No. 327 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^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. 327 OF 2023

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BETWEEN:

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M/S. J SONS DEVELOPERS THE SOLE PROPRIETORSHIP AND IS REPRESENTED THROUGH ITS SOLE PROPRIETOR MR NAVEED MOHAMMED HAVING ADDRESS AT NO.1184, C CROSS 4TH T BLOCK, JAYANAGAR BANGALORE-560041

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…PETITIONER

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(BY MS. USHA S. NAIR, ADVOCATE FOR SRI. VAMSHI KRISHNA C., 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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M/S UMRAH DEVELOPERS A PROPRIETORSHIP REPRESENTED THROUGH ITS SOLE PROPRIETOR MR YUSUF SHERIFF @ D BABU NO.22/1, KAVERIYAPPA LAYOUT MILLERS TANK BUND ROAD VASANTH NAGAR BENGALURU-560052

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…RESPONDENT

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT HONBLE SRI. JUSTICE P.KRISHNA BHAT RETD., FORMER JUDGE OF THE HIGH COURT OF KARNATAKA HAVING ADDRESS AT NO.

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2 - NC: 2023:KHC:36594 CMP No. 327 of 2023

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234, 4TH CROSS, 4TH MAIN, I BLOCK, KORAMANGALA, BENGLAURU - 560 034, AS A SOLE ARBITRATOR IN TERMS OF CLAUSE 20 OF THE JOINT DEVELOPMENT AGREEMENT DATED 22/8/2013, (ANNEXURE-B) TO RESOLVE THE DISPUTES THAT HAVE ARISEN BETWEEN PARTIES AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HONBLE COURT MAY DEEM FIT AND NECESSARY IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORDER

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This petition is filed for the appointment of a sole Arbitrator relying upon an agreement for arbitration in the Joint Development Agreement dated 22.08.2013 [ Annexure-B ] and the notices are issued on 01.09.2022 and 16.01.2023 [ Annexures-C and D ]. However, it is seen that the petitioner has not invited the respondent’s consensus on who could enter reference of the dispute.

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Therefore, reserving liberty to the petitioner to file a fresh petition in the event there is occasion for the same, the petition stands disposed of.

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NC: 2023:KHC:36594 CMP No. 327 of 2023

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The Registry is directed to return the original documents to the learned counsel for the petitioner.

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Sd/JUDGE

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M/S. J Sons Developers v. M/S Umrah Developers

Case brief

What is this about?

What did the court decide?

M/S. J Sons Developers v. M/S Umrah Developers

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

Coram

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