Petition under Section 11(6) of the Arbitration and Conciliation Act for appointment of a sole arbitrator over disputes arising from a 2015 Agreement of Sale containing an arbitration clause. The respondent did not dispute the arbitration agreement. The court allowed the petition and appointed a retired District Judge as sole arbitrator.
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NC: 2024:KHC:358 CMP No. 240 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CIVIL MISC. PETITION NO.240 OF 2022
BETWEEN:
SRI Y M NIRANJAN BABU S/O LATE MADEGOWDA Y M AGED ABOUT 42 YEARS R/AT NO.353, “APARNA” 4TH CROSS, BEHIND HDFC BANK TALAKAVERI LAYOUT, AMRUTHAHALLI BANGALORE-560 092.
…PETITIONER
(BY SRI. A.C.CHETHAN, ADVOCATE)
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
P NAGARAJ S/O PERUMALAPPA AGED ABOUT 49 YEARS PROPRIETOR FOR GOLDEN DEVELOPRS RESIDING AT NO.269, GROUND FLOOR CQAL LAYOUT, SAHAKARNAGAR BANGALORE-560 092.
…RESPONDENT
(BY SRI. DIVAKARA P B., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN INDEPENDENT SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES WHICHEVER ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT OUT OF THE AGREEMENT OF SALE DATED: 09.09.2015 VIDE ANNEXURE – A ENTERED INTO BETWEEN THE PARTIES.
THIS PETITION, COMING ON FOR ADMISSION , THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996, has been filed by the petitioner against the respondent seeking appointment of an Arbitrator in terms of the Arbitration Agreement contained at Clause No.8 in the Agreement of Sale dated 09.09.2015 entered into between the parties.
“8. The parties agree that in case of any dispute arising in respect of this agreement, the matter shall be referred to arbitration of an arbitrator, in consonance with the provisions of the Indian Arbitration and Conciliation Act, 1996, as may be amended from time to time. The decision of the Arbitrator so appointed shall be binding on the parties hereto. The seat of arbitration shall be Bangalore.”
NC: 2024:KHC:358 CMP No. 240 of 2022
arbitrator and calling upon the respondent to give his concurrence / consent to refer the dispute to arbitration.
just and appropriate to allow this petition by referring the dispute between the parties to arbitration with the consent of both sides by appointing Sri. V.N.Ravindra, retired District Judge , to act as the sole Arbitrator to resolve the dispute between the parties under the provisions of the Arbitration and Conciliation Act, 1996, as per the Rules governing the Arbitration and Conciliation Centre (Domestic
& International) at Bengaluru.
ORDER
appointed as the sole Arbitrator to resolve the dispute between the parties as per the Rules governing the Arbitration and Conciliation Centre (Domestic & International) at Bengaluru.
NC: 2024:KHC:358 CMP No. 240 of 2022
are left / kept open to be decided by the Arbitral Tribunal and no opinion is expressed on the same.
Sd/JUDGE
SV
List No.: 1 Sl No.: 87
1 issue framed by the court
Whether an arbitrator should be appointed under Section 11(6) given the existence of the arbitration clause in the Agreement of Sale dated 09.09.2015.
1 provisions across 1 enactments
Sri Y M Niranjan Babu
P Nagaraj
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
