Sri C N Mohan v. Shri N Mare Gowda
Case brief
What is this about?
Writ petition challenging a Trial Court order holding that Chikkaballapura court had territorial jurisdiction over a Section 9 application under the Arbitration and Conciliation Act, 1996 despite the arbitration seat/venue being Bengaluru. With consent of both parties, the High Court allowed the petition, referred the dispute to arbitration before Shri A.N. Venugopala Gowda, former Judge, as sole arbitrator under Arbitration and Conciliation Centre (Domestic & International), Bengaluru rules, reserved liberty to seek interim measures under Section 17, restrained petitioners from alienating or encumbering the disputed property until disposal of such application, and left all jurisdictional and arbitrability contentions open to the Tribunal.
What did the court decide?
Dispute referred to sole arbitrator; liberty for Section 17 interim application; petitioners barred from alienating/encumbering disputed property till its disposal; all contentions kept open.