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2025 Supreme(Online)(Kar) 24421

KARNATAKA HIGH COURT
E.S. INDIRESH, J
MR. P.D. EMMANUEL S/O SRI. DEVADANAM – Appellant
Versus
M/S. LAKSHMI PROPERTIES – Respondent
CIVIL MISC. PETITION NO.305 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. AJAY N.
For the Respondents: SRI. BHARATH KUMAR VINDHYALA

The court affirmed the necessity of appointing an arbitrator as per the applicable provisions of the Arbitration and Conciliation Act for resolving disputes under the Joint Development Agreement.

Headnote:This judgment concerns the application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to adjudicate disputes arising from the Joint Development Agreement dated 06.11.2021. The court observed the need for arbitration based on the submissions and relevant agreement clauses. The key issues framed relate to the need for appointing an arbitrator to resolve the disputes effectively. The order concludes by allowing the CMP and appointing Hon'ble Shri. Chandrashekaraiah as the arbitrator.

Table of Content
1. hearing of counsel for petitioners and respondents. (Para 1)
2. need for arbitration established based on submissions and agreement. (Para 2 , 3)
3. appointment of arbitrator to resolve disputes. (Para 5 , 6)

ORAL ORDER

1. Heard learned counsel for the petitioners and the learned counsel for the respondent.

2. This petition is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, placing reliance on Clause 18 of the Joint Development Agreement produced at Annexure-A to the petition.

3. Taking into consideration the submissions made by the learned counsel appearing for the petitioners herein, considering the contents of the notice dated 15.04.2025(Annexure-D), and Clause 18 of the Joint Development Agreement, I am of the opinion that, Arbitrator has to be appointed to resolve the dispute between the parties. 4. Accordingly, the Civil Miscellaneous Petition is allowed. Hon'ble Shri. Chandrashekaraiah, former Judge of this Court is hereby appointed as the Arbitrator to resolve the dispute between the parties.

5. For early disposal of the petition is concerned, since the parties are represented through their learned counsel, parties are directed to appear before the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, on 30.10.2025 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to dispose of the matter.

6. The Registry is directed to communicate this order to the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, and also to Hon'ble Shri. Chandrashekaraiah, former Judge of this Court, forthwith.

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