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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
G.BASAVARAJA
Pradeepa Construction Company – Appellant
Versus
Urban Development Department (Udd), Govt. Of Karnataka (gok) – Respondent
ORDER :
G. BASAVARAJA, J.
1. The petitioner has filed these petitions under Sections 5 , 6, 8 and 11 read with Section 12 of the Arbitration and Conciliation Act, 1996, with following prayer:
i. To pass an appropriate order for appointment of independent and impartial sole arbitrator as per the petitioner requests under the provisions of section 11(6) sub-section (a) and (c) of the arbitration and conciliation (amendment) act, 2019 to adjudicate the disputes/claims between the parties for the work of “Development of Mahatma Phule Garden at Tilakwadi in Belagavi City” agreement dated 12.7.2019.
ii. To pass an appropriate order as per the clause 4.1 of SCC and also (amendment) act, 2019 by appointing independent and impartial sole arbitrator under section 11(8) of the act for settlement of disputes/claims between the parties as per the special conditions of contract.
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iii. Pass such other orders as the Hon’ble court deems fit in the interest of justice and equity.
iv. Make any further scheme for dealing with the matter as contemplated under section 11 of the arbitration and conciliation (amendment) act 2019.
2. Learned counsel for the petitioner submitted that the petitioner M/S Pradeep Con
Court may appoint an arbitrator when parties fail to do so as per the arbitration clause, ensuring proper resolution of disputes arising from construction agreements.
The court's authority to appoint an arbitrator in cases where the parties are unable to agree, in accordance with the law laid down by the Supreme Court and the provisions of the Arbitration & Concil....
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