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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
| Table of Content |
|---|
| 1. arbitration petition initiation based on the agreement. (Para 1 , 2) |
| 2. factual background of disputed sale agreement. (Para 3 , 4 , 5 , 6) |
| 3. parties involved and arbitration notice details. (Para 7 , 8) |
| 4. arguments from both sides regarding the arbitration. (Para 9 , 10 , 11) |
| 5. court's analysis of arbitration clause applicability. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. conclusion to refer the matter for arbitration. (Para 19) |
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 conveya
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.
The court affirmed the validity of arbitration agreements even amidst disputes regarding payment obligations.
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