Prasanth Kondreddy S/O Adisesha Reddy v. Hasanadangri M Kolhar S/O Masthansab Dastagir Kolhar
Arbitration and Conciliation Act, 1996 – Sections 11(5) and 11(6) – Appointment of arbitrator – Civil Miscellaneous Petition allowed
Case brief
What is this about?
High Court of Karnataka (Kalaburagi Bench) allowed Civil Misc. Petition No. 200001 of 2023 under Sections 11(5)/(6) of the Arbitration and Conciliation Act, 1996 and requested Sri Arun Choudapurkar, retired District Judge, to act as sole arbitrator. Basis: arbitration clause in agreement dated 12.07.2012 for purchase of respondent's property; Section 11(5) notice dated 22.06.2022 duly served with no response and no arbitrator named; original agreement not produced but stated to be with the respondent, who did not appear or contest. Merits expressly left open; all contentions kept open. Decided 04.04.2025 by Justice Anant Ramanath Hegde.
What did the court decide?
Appointment of Sri Arun Choudapurkar, retired District Judge, as sole arbitrator to adjudicate the dispute between the parties; the Registry to send a copy of the order to the arbitrator, who shall proceed in accordance with the Arbitration and Conciliation Act, 1996; nothing expressed on the merits of the claim and all contentions kept open.