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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Ashok S.Kinagi
N R Greenwood Construction Private Limited – Appellant
Versus
India Build Realty Private Limited – Respondent
ORDER :
Ashok S.Kinagi, J.
1. This Civil Miscellaneous petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), seeking for the appointment of an arbitrator to resolve the disputes between the parties to the petition in terms of Clause (E.57) of the Articles of Agreement dated 18.11.2016 vide Annexure “B”.
2. Brief facts leading to the filing of this petition are as follows:
3. The petitioner specialises in the real estate development, amongst other objectives set up in its Memorandum of Association. The respondent— Company is the developer of the real estate projects. The petitioner and the respondent entered into an Articles of Agreement dated 18.11.2016 vide Annexure “B”.
4. It is the case of the petitioner that the petitioner performed its obligations under the Articles of Agreement dated 18.11.2016 and there was a delay in payment of the invoice value and Clause 12 of Section (C) of the Articles of Agreement has not been adhered to by the respondent, as a result of which, the petitioner underwent and is undergoing substantial loss.
5. The respondent demanded a credit note, despite there being no such term in the Articles of Agreem
The court affirmed that contractual disputes necessitate arbitration per the agreement terms, allowing the appointment of arbitrators to resolve the issue.
When parties fail to act as per the arbitration clause in an agreement, the petitioner is entitled to approach the court for appointment of an arbitrator under Section 11(6A) of the Arbitration And C....
Arbitration clauses in agreements impose a duty to resolve disputes through arbitration if amicable negotiation fails, as per the Arbitration and Conciliation Act, 1996.
Court determined that disputes arising from a Joint Venture Agreement should be resolved through arbitration as stipulated in the agreement, emphasizing the significance of adhering to the arbitratio....
Disputes arising from contractual agreements should be resolved through arbitration as stipulated in the arbitration clause, reinforcing parties' obligations.
The presence of an arbitration clause in contracts mandates resolving disputes through arbitration, validating a petitioner's request for an arbitrator nomination when invoked properly.
Strict enforcement of arbitration agreement and the law does not permit either party to act as an arbitrator or appoint the arbitrator to arbitrate on the disputes.
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