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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
G.Basavaraja
Kotresh S/o. Manjunath Abbigeri – Appellant
Versus
Jagadish S/o. Kotrappa Kappattanavar – Respondent
ORDER :
G Basavaraja, J.
1. The petitioner has filed this petition under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an Arbitrator to resolve the dispute between the petitioner and the respondent in respect of the Joint Development Agreement dated 28.10.2021.
2. The respondent has entered appearance through his counsel and filed statement of objections, contending that the present application is not maintainable either in law or on facts. It is submitted that the petitioner has preferred the instant petition seeking appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, in terms of Clause 31 of the Joint Development Agreement dated 28.10.2021 entered into between the petitioner and the respondent. The petitioner has made baseless allegations and misrepresented material facts.
3. It is further submitted that as per the Joint Development Agreement (JDA) dated 28.10.2021, the Petitioner was required to develop the entire scheduled property within 18 months, and complete, at least, the first two phases within 12 months. However, without initiating any development activity as mandated under Clause 12(a) o
Failure to properly serve arbitration invocation notices or nominate an arbitrator invalidates arbitration petition, requiring strict adherence to procedural requirements.
A notice invoking arbitration under Section 21 of the Arbitration and Conciliation Act requires a 30-day response period. Only parties to the arbitration agreement can be compelled to arbitrate, ensu....
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....
Appointment of an arbitrator established due to unresolved disputes under the Arbitration and Conciliation Act as per agreed clauses of contracts.
The existence of ongoing disputes under a Joint Development Agreement validates the invocation of arbitration clauses despite assertions of limitation, confirming the agreement's subsistence.
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