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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Manjunath N. S/o Late L. Nagappa – Appellant
Versus
Vasundhara Builders – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
a. to appoint Justice Sri.Kukke Ramakrishna Bhat, a retired District and Sessions Judge, as a sole Arbitrator to adjudicate the dispute arising out of the Joint Development Agreement dated 28-08-2013, as Document No.5581/2013-14, in the office of the Sub Registrar, Jayanayar [JP Nagar] Bengaluru, in the office of the Sub-registrar Jayanagar as per Clause No.15 of Joint Development Agreement (Annexure-A).
b. to pass such other suitable orders as necessary under the facts and circumstances of the case and in the interest of justice and equity.
2. A Joint Development Agreement dated 28.08.2013 was entered into between the petitioner and the respondents, which is governed by an arbitration clause in terms of Clause 15, which is reproduced hereunder for easy reference:
15. Arbitration:
In case any dispute or difference should arise between the parties hereto, the same shall be referred to arbitration consisting of a sole Arbitrator appointed by Second Party, who shall deal with the dispute under the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification thereof. The award of the
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.
The court emphasized the importance of invoking arbitration within a reasonable time and held that delay in invoking the arbitration clause can render the application time-barred.
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....
The court recognized that arbitration agreements are binding and disputes regarding time-bar claims should be determined by the arbitrator, given the circumstances of the parties' ongoing negotiation....
The Limitation Act, 1963 applies to arbitration claims; an application for an arbitrator appointment must be made within three years from when the right to apply accrues, otherwise, it is time-barred....
An arbitration application is unenforceable when filed after significant delay and in acknowledgment of prior cancellation of the agreement, thereby lacking an arbitrable dispute.
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