Mr. Hector D Souza v. Sri. G. Chandranna
Arbitration and Conciliation Act, 1996 – Section 11(5) – Appointment of arbitrator
Case brief
What is this about?
CMP No. 216 of 2025 (NC: 2025:KHC:34670), High Court of Karnataka at Bengaluru, decided 03.09.2025 by E.S. Indiresh, J. Petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 by nine members of the D'Souza family (represented in part through power of attorney holder) against G. Chandranna and R. Krishnappa, seeking appointment of an arbitrator under Clause No.9(b) of the Joint Development Agreement dated 11.03.2014 concerning development at Devanahalli, Bengaluru Rural District. Respondents' objection that the claim was barred by limitation rejected for want of BIAAPA layout-plan approval; Sri. Kukkaje Ramakrishna Bhat, retired District Judge, appointed arbitrator; appearance fixed before the Arbitration and Conciliation Centre, Bengaluru on 08.10.2025 at 11.00 a.m. Keywords: arbitration clause, appointment of arbitrator, limitation defence, BIAAPA, joint development agreement.