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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Lubna Shah W/o Kaleem Shah – Appellant
Versus
B. M. Jayeshankar Director Of M/s Varin Infra Project Pvt. Ltd. – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. The petitioner is before this Court seeking for the following reliefs;
a. Appoint retd. Justice Ashok Hinchegeri or such other person as this Hon’ble Court may deem fit, as the sole Arbitrator under Sec. 11(6) of the arbitration and Conciliation Act, 1996 for resolving the disputes as per clause 22.3 06 of arising under the JDA dated 27.06.2016 i.e. Annexure-D.
b. Award costs of the proceedings and c. Pass any such further order(s) as this Hon’ble Court deems fit and necessary given the facts and circumstances of the case, in the interest of justice and equity.
2. The petitioner and respondent No.3 had entered into a Joint Development Agreement on 27.06.2016 which is governed by an arbitration Clause in terms Clause 22 thereof, which is reproduced hereunder for easy reference;
22. GOVERNING LAW AND DISPUTE RESOLUTION:
22.1 This Joint Development Agreement shall be governed by and construed in accordance with the laws of India. Subject to the terms and conditions of this Joint Development Agreement, each Party agrees that the courts at Bangalore shall have the supervisory jurisdiction to settle any claim or matter arising under this Joint Development Agreeme
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 arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
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.
Failure to properly serve arbitration invocation notices or nominate an arbitrator invalidates arbitration petition, requiring strict adherence to procedural requirements.
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