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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Rajiv Subramanian S/o Subramanian – Appellant
Versus
Valadai Sitaraman Rajamani S/o Late V.K. Sitaraman – Respondent
ORDER :
1. This Civil Miscellaneous petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) for the appointment of an Arbitrator to resolve the disputes between the parties to the petition in terms of Clause 10.3 of the Agreement to Sell dated 23.08.2024 vide Annexure “B”.
2. Brief facts, leading rise to the filing of this petition are as follows.
3. The petitioners and respondents have entered into a Letter of Intent dated 26.07.2024 for the proposed purchase of the schedule property. The respondents informed the petitioners that the e-Khata was not available for the schedule property. The parties entered into an Agreement to sell on 23.08.2024 and agreed on the consideration for the conveyance of the schedule property in terms of the Letter of Intent. The petitioners got a loan sanctioned from their Banker.
4. When the matter stood thus, to the utter shock and surprise of the petitioner, the respondents' daughter, Ms. Geeta Rajamani, attempted to re-negotiate the sale consideration, despite the purchase consideration having already been agreed upon between the petitioners, and the respondents under the Letter of Intent, and the Agree
Disputes arising from contractual agreements should be resolved through arbitration as stipulated in the arbitration clause, reinforcing parties' obligations.
The court affirmed that contractual disputes necessitate arbitration per the agreement terms, allowing the appointment of arbitrators to resolve the issue.
Appointment of an arbitrator cannot be withheld pending the decision of the reference pending before the Constitution Bench of the Supreme Court.
Arbitration clauses in agreements impose a duty to resolve disputes through arbitration if amicable negotiation fails, as per the Arbitration and Conciliation Act, 1996.
Existence of an arbitration agreement obligates the parties to resolve disputes through arbitration, and defenses regarding performance issues must be addressed in arbitration, not as a basis to cont....
The existence of an arbitration clause allows a party to seek court assistance for appointing an arbitrator when no consensus exists, with other disputes to be resolved by the arbitrator.
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