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2023 Supreme(Online)(KAR) 17619
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NC: 2023:KHC:24719
CMP No. 100002 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
CIVIL MISC. PETITION NO. 100002 OF 2023
BETWEEN:
NIKITHA BUILD-TECH PRIVATE LIMITED
602, 6TH FLOOR, BRIGADE RUBIX ,
NO-20, CAMPUS, HMT MAIN ROAD,
YESHWANTHPUR, BENGALURU,
KARNATAKA - 560 022.
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE AND DIRECTOR
MR. RAJENDRA R. KULKARNI.
…PETITIONER
(BY SRI. S.B. DODDAGOUDAR, ADVOCATE)
AND:
THE DEPUTY COMMISSIONER,
DISTRICT URBAN DEVELOPMENT CELL,
HAVERI DISTRICT,
HAVERI - 581 110.
…RESPONDENT
(BY SRI. SANTHOSH KUMAR M.B, HCGP)
THIS CIVIL MISC. PETITION UNDER SEC.11 (6) OF THE
ARBITRATION AND CONCILIATION ACT 1996, PRAYING To
APPOINT A SOLE ARBITRATOR IN CONSTITUTION OF THE
ARBITRAL TRIBUNAL AS PER THE CONTRACT FOR THE SPEEDY
Digitally signed
by JUANITA
THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:24719
CMP No. 100002 of 2023
RESOLUTION OF THE DISPUTES THAT HAVE ARISEN BETWEEN
THE PETITIONER AND THE RESPONDENT ARISING OUT THE
CONTRACT AGREEMENT DATED 27.03.2018 AS PER CLAUSE 24
ARTICLE 4 OF THE CONTANT PRODUCED AT ANNEXURE-A AND
ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
R.DEVDAS J., (ORAL):
This Civil Miscellaneous Petition is filed under Section
11(6) of the Arbitration and Conciliation Act, 1996 seeking
appointment of a sole arbitrator to resolve the dispute between
the parties of the Contract Agreement dated 27.03.2018 at
Annexure-A.
2.
Learned
High
Court
Government
Pleader
appearing for the respondent-Deputy Commissioner was
requested to take instructions
as to whether the
respondent has any objection for appointment of an
Arbitrator by this Court. Learned High Court Government
Pleader submits on instructions that this Court may
proceed to appoint the Arbitrator. However, it is
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requested that since the parties are at Dharwad, the
Arbitration may be held at Dharwad.
3. Learned counsel for the petitioner points out
from the Arbitration clause contained in Clause 4 of the
Special Conditions of Contract dated 27.03.2018 at
Annexure-A that the parties have agreed that the
arbitration proceedings shall be held at Bangalore and not
at Dharawad.
4.
In that view of the matter, this Court proceeds
to pass the following:
ORDER
(a)
The
petition
is
allowed
appointing
Hon’ble Dr.Justice Jawad Rahim, Former
Judge, High Court of Karnataka, as the
sole arbitrator to enter reference of the
disputes between the petitioner and the
respondent and conduct proceeding at
the Arbitration and Conciliation Centre
(Domestic and International), Bengaluru
according to the Rules governing the said
Arbitration Centre.
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(b)
All contentions inter se parties are left
open for adjudication in the arbitration
proceedings.
(c)
The office is directed to communicate this
order to the Arbitration and Conciliation
Centre and to Hon’ble Dr.Justice Sri.
Jawad Rahim, Former Judge, High Court
of Karnataka, as required under the
Arbitration and Conciliation Centre Rules,
2012.
Sd/-
JUDGE
rv
CT: BHK
