Allowed

Sri G S Bhaskar v. Sri Shantharaju B

Karnataka HC12 Oct 2023CMP/43/2023

Case brief

AI extract

What is this about?

In this civil miscellaneous petition filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, the Karnataka High Court appointed a sole arbitrator to resolve disputes arising from a registered lease agreement. The court accepted the petitioners' submissions regarding the arbitration clause and the respondents' failure to contest.

What did the court decide?

Appointment of Shri. S.N. Navalgund, a retired District Judge, as the sole arbitrator and communication of the order to the Appointing Authority.

Sri G S Bhaskar Vs Sri Shantharaju B — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:37192 CMP No. 43 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^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. 43 OF 2023

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BETWEEN:

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SRI G S BHASKAR S/O G B SHETTAPPA AGED 55 YEARS

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KUM MOUNIKA D/O SRI G S BHASKAR AGED 29 YEARS

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KUM YAHMINI D/O SRI G S BHASKAR AGED 25 YEARS

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

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KUM LAKSHMI D/O SRI G S BHASKAR AGED 19 YEARS

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SRI G S GIRISH S/O G B SHETTAPPA AGED 51 YEARS

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SRI VIKAS S/O SRI G S GIRISH AGED 20 YEARS

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SMT VEENA RANI W/O G S GIRISH AGED 41 YEARS

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NC: 2023:KHC:37192 CMP No. 43 of 2023

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ALL ARE R/AT 9^TH MAIN C BLOCK GUDIBANDE TOWN GUDIBANDE TALUK CHIKKABALLAPUR DIST 562101.

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…PETITIONERS

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(BY SRI. SHEKARAPPA.,ADVOCATE) AND:

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SRI SHANTHARAJU B S/O LT BYRAPPA AGED 58 YEARS R/AT NO 134 10^TH MAIN ROAD JUDICIAL LAYOUT YELAHANKA BENGALURU 560064.

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SRI K T MUTTANNA S/O THIMMAIAH AGED 57 YEARS R/AT NO 36/2 16^TH CROSS 4^TH TEMPLE STREET MALLESHWARAM BENGALURU 03.

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…RESPONDENTS

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(VIDE ORDER DATED 25.09.2023 SERVICE OF NOTICE TO R1 & R2 ARE HELD SUFFICIENT)

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THIS CIVIL MISC. PETITION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR THE APPOINTMENT OF SOLE ARBITRATOR, PRAYING TO APPOINTING AN ARBITRATOR TO ARBITRATE RESOLVE THE DISPUTES BETWEEN THE PARTIES IN AN EXPEDITIOUS MANNER AS PER THE CLAUSE5 OF THE REGISTERED LEASE AGREEMENT DATED 27.10.2010, VIDE ANNEXURE A.

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NC: 2023:KHC:37192 CMP No. 43 of 2023

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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 petitioners are the owners of certain agricultural lands situated in Gudibande village, Kasaba Hobli, Chikkaballapura District and they have entered into a registered “ lease transaction ” on 27.10.2010 contemplating resolution of dispute by arbitration.

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Sri Shekarappa, the learned counsel for the petitioners, submits that as per this registered lease transaction, possession of the subject property is granted to the respondents for a tenure of 30 years and though the legal notice is issued terminating the “ lease” and invoking the arbitration agreement, the respondents have not issued any reply. The learned counsel emphasizes that because the petitioners have established the agreement for arbitration, the arbitrability of dispute and failure of consensus, this Court must appoint any retired District Judge as a

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NC: 2023:KHC:37192 CMP No. 43 of 2023

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sole arbitrator, The respondents, though served, have remained absent. The submissions must be accepted leaving open all the questions to be decided in the arbitral proceedings. Hence, the following:

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ORDER

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a) The petitions are allowed, and Shri.S.N.Navalgund, a retired District

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Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioners and respondents and conduct

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the proceeding at the Arbitration and Conciliation Centre (Domestic and

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International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and

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International), Bengaluru.

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b) The Registry is directed to communicate this order [through email] to the Arbitration and Conciliation Centre (Domestic and

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NC: 2023:KHC:37192 CMP No. 43 of 2023

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International), Bengaluru and Shri.S.N.Navalgund, a retired District Judge, Address: N0.2083, 4th Cross, Judicial Layout, G.K.V.K. Post, Yalahanka, Bengaluru-560 065 [Email: [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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SA ct:sr

Sri G S Bhaskar v. Sri Shantharaju B

Case brief

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Sri G S Bhaskar v. Sri Shantharaju B

Case brief

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