Allowed

Sri H K Pattabhiraman (Huf) v. M/S Pariwar Housing Corporation

Karnataka HC24 Nov 2023CMP/47/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a civil misc. petition under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996. The court appointed a former judge as sole arbitrator to resolve disputes between a Housing Corp. and the petitioner following partner changes and failure of mutual agreement on reference.

What did the court decide?

Appointment of Hon'ble Sri. Justice B Veerappa as Sole Arbitrator to enter reference and conduct proceedings.

Sri H K Pattabhiraman (Huf) Vs M/S Pariwar Housing Corporation — Arbitration | Karnataka HC (2023)

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NC: 2023:KHC:42418 CMP No. 47 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 47 OF 2023

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BETWEEN:

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SRI H.K. PATTABHIRAMAN (HUF) NO.83/1, KARIYAPPANAHALLI JIGANI ROAD, BANNERGHATTA BANGALORE - 560083 REPRESENTED BY ITS KARTA SRI H.K. PATTABHIRAMAN AGED ABOUT 78 YEARS

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…PETITIONER

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(BY SRI VIVEK HOLLA, 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. PARIWAR HOUSING CORPORATION A REGISTERED PARTNERSHIP FIRM HAVING OFFICE AT NO.167, 36TH CROSS, 18TH MAIN, 4TH T BLOCK, JAYANAGAR BENGALURU – 560041

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MR. Y.R. JANARDHANA RAO S/O LATE D.L.RAMAIAH AGED ABOUT 68 YEARS NO.73, 14TH CROSS, 20TH MAIN, J.P.NAGAR, II PHASE, BENGALURU - 560078

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NC: 2023:KHC:42418 CMP No. 47 of 2023

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MR. Y.J. RAMESH S/O Y.R. JANARDHANA RAO NO.284, 2ND MAIN, 3RD PHASE, J.P. NAGAR BENGALURU – 560078.

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MR. KIRAN KUMAR S/O LATE MR. ANAND AGED ABOUT 35 YEARS NO. 278, 2ND CROSS, 2ND BLOCK, BSK III STAGE BENGALURU – 560085.

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SMT. PADMA

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W/O LATE MR. ANAND NO.127, 3RD CROSS ROAD, DOLLARS COLONY, DALMIA CIRCLE J.P. NAGAR, 4TH PHASE, BENGALURU - 560078

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…RESPONDENTS

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(BY SRI. R.A.CHANDRASHEKARA REDDY, ADVOCATE)

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THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) AND 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO NOMINATE AND APPOINT ANY FORMER JUDGE OF THIS HON’BLE COURT AS THE SOLE ARBITRATOR TO RESOLVE THE DISPUTES BETWEEN THE PARTIES IN TERMS OF CLAUSE XXV OF THE JDA DATED 24.02.2013 (ANNEXURE-A) AND ETC.

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

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NC: 2023:KHC:42418 CMP No. 47 of 2023

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ORDER

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The petitioner has entered into a Joint

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Development Agreement dated 24.02.2013 with the first respondent represented by its partners, and because one of the partners Sri Anand, son of late Chengam Naidu has died and consequentially the firm is reconstituted with certain new partners. The petitioner has filed this petition even against these new partners for appointment of a sole Arbitrator raising disputes.

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It is seen from the records that the parties have exchanged the legal notices but there is failure of agreement on who could enter reference of the dispute. After hearing the learned counsels for the parties, in the light of the afore, Hon’ble Sri Justice B Veerappa, a former Judge of this Court, is appointed as the sole Arbitrator.

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ORDER

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[a] The petition is allowed.

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NC: 2023:KHC:42418 CMP No. 47 of 2023

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[b] Hon'ble Sri. Justice B Veerappa, a former Judge of the High Court of Karnataka, is appointed as the Sole Arbitrator to enter reference of the dispute between the petitioner and the respondents and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Centre.

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[c] The Registry is directed to communicate this order [through E-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and the Hon'ble Sri. Justice B Veerappa, a former Judge, High Court of Karnataka, Address: No.23, ‘Sri Sai Samrudhi’, Ravishankar Residency, Behind Bearys Apartment (Twin Towers), Kodigehalli Village, Yelahanka Hobli, Bengaluru [Email [email protected]] as

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NC: 2023:KHC:42418 CMP No. 47 of 2023

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required under the Appointment of Arbitrators by the Chief Justice of

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Karnataka High Court Scheme, 1996.

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Sd/JUDGE

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AN/-

Sri H K Pattabhiraman (Huf) v. M/S Pariwar Housing Corporation

Case brief

What is this about?

What did the court decide?

Sri H K Pattabhiraman (Huf) v. M/S Pariwar Housing Corporation

Case brief

What is this about?

What did the court decide?

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