Allowed¶39

Sri. Imtiyaz Ahamad S/O Rehamansab Tattimani v. Sri. Naseeruddin S/O Jalaluddin Inamdar

Arbitration and Conciliation Act, 1996 – Section 11(6) – Appointment of Arbitrator

Karnataka HC18 Jul 2025CMP/100005/2025

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What is this about?

Karnataka High Court, Dharwad Bench (NC: 2025:KHC-D:8927), CMP No. 100005 of 2025, decided 18 July 2025 by Justice M.G.S. Kamal. Section 11(6) Arbitration and Conciliation Act 1996 petition for appointment of arbitrator under Clause 9 of joint development agreement dated 07.08.2019; pre-arbitration notice dated 20/22.07.2022; respondent declined nomination; consent appointment of Sri. H. R. Deshpande, Retd. District Judge; petition allowed; all contentions kept open.

What did the court decide?

Appointment of Sri. H. R. Deshpande, Retd. Dist. Judge, as the Arbitrator to adjudicate the dispute between the parties, with all contentions kept open. ¶39

Sri. Imtiyaz Ahamad S/O Rehamansab Tattimani Vs Sri… — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC-D:8927 CMP No. 100005 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18^TH DAY OF JULY 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL

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CIVIL MISC PETITION NO.100005 OF 2025

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BETWEEN:

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SRI. IMTIYAZ AHAMAD S/O. REHAMANSAB TATTIMANI, AGE: 45 YEARS, OCC: AGRICULTURE & BUSINESS, R/O: GOLDEN TOWN LAYOUT, KERIMATTIHALLI ROAD, HAVERI, TQ AND DIST: HAVERI – 581 110.

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…PETITIONER

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(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

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AND:

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Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad

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MAHAMADNAJEERUDDIN @ SRI. NAJEERUDDIN S/O. JALALUDDIN INAMDAR, AGE: 61 YEARS, OCC: RETIRED EMPLOYEE, R/O: T.G.ROAD, NEAR KALLABHAVI, HANGAL, TQ: HANGAL, DIST: HAVERI – 581 104. (BY SRI. J. S. SHETTY, ADVOCATE)

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…RESPONDENT

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 PRAYING TO APPOINT AN ARBITRATOR AS CONTEMPLATED UNDER CLAUSE NO.9 OF THE AGREEMENT DATED 07.08.2019 (ANNEXURE B) FOR RESOLUTION OF DISPUTES BETWEEN THE PARTIES.

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NC: 2025:KHC-D:8927 CMP No. 100005 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

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This petition is filed by the petitioner seeking

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appointment of an Arbitrator as contemplated under Clause 9 of the Agreement dated 07.08.2019 produced at Annexure-B, stated to have been entered into between the petitioner and respondent for the purpose of joint development of immovable property.

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It is contended that respondent being the owner of such an immovable property, being desirous of developing the same into a residential layout had entered into the aforesaid agreement with the petitioner.

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A dispute arose between the petitioner and respondent in performance of the terms of the agreement.

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Clause 9 of the Agreement dated 07.08.2019 is reads as under:

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NC: 2025:KHC-D:8927 CMP No. 100005 of 2025

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HC-KAR

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ªÉÄÃ¯ÁÌtÂ¹zÀ «µÀAiÀÄzÀ PÀÄjvÀÄ G¨sÀAiÀÄ ¥ÀPÀëzÀªÀgÀ°è K£ÁzÀgÀÆ vÀAmÉ vÀPÀgÁgÀÄ §AzÀ°è EArAiÀÄ£ï C©ðmÉæÃ±À£ï PÁAiÉÄÝAiÀÄ ¥ÀæPÁgÀ ªÀÄzsÀå¸ÀÜUÁgÀgÀ ªÀÄÄSÁAvÀgÀ §UÉºÀj¹PÉÆ¼ÀÄîªÀ PÀgÁgÀÄ EgÀÄvÀÛzÉ.

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The petitioner apparently caused issue of a notice dated 20/22.07.2022 calling upon the respondent herein to accept or nominate the Arbitrator as contemplated under clause 9 of the Agreement for resolution of the dispute.

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It is alleged that a reply to the same was issued by the respondent declining to accept the nomination of Arbitrator as indicated by the petitioner. Hence, the petition.

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Learned counsel for the respondent fairly submits that the petition may be allowed.

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Learned counsel for the petitioner as well as the respondent mutually submit that Sri. H. R. Deshpande, Retd. Dist. Judge, may be appointed as an Arbitrator.

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Mutual submission made by learned counsel for the parties is taken on record.

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4 - NC: 2025:KHC-D:8927 CMP No. 100005 of 2025

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HC-KAR

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Accordingly, petition is allowed. Sri. H. R. Deshpande, Retd. Dist. Judge, is appointed as the Arbitrator, to adjudicate the dispute between the parties.

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All contentions are kept open.

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Sd/(M.G.S. KAMAL) JUDGE

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SMM/CT-ASC List No.: 1 Sl No.: 6

Sri. Imtiyaz Ahamad S/O Rehamansab Tattimani v. Sri. Naseeruddin S/O Jalaluddin Inamdar

Case brief

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Sri. Imtiyaz Ahamad S/O Rehamansab Tattimani v. Sri. Naseeruddin S/O Jalaluddin Inamdar

Case brief

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