Stddeshwari Griha Nirman Private Limited vs Goutham Chand

A.N. Venugopala Gowda

The petitioner and the respondent entered into agreements on 29.6.2006 for the purpose of acquisition of lands in Survey Nos. 234/P19, 234/P22, 234/P1-P4, 234/P23, 234/P1, 149, 149/P5-P2, 149/P31, 149/P6-P2, 149/P1-P2, 234/P17, totally measuring 33 acres 33 guntas situated at Tharipura village, Srirangapatana Taluk, Mandya District. According to the petitioner 75,00,000/-was paid to the respondent in pursuance of the said agreements and that, the respondent committed default.The petitioner caused a notice to the respondent on 08.06.2009, to which the respondent sent a reply on 30.06.2009 and there being non-performance, another notice dated 06.09.2010 was issued, wherein, the agreements dated 29.06.2006 were determined and the respondent was called upon to effect payment of 1,32,57,110/- together with interest accrued thereon, within 30 days from the date of receipt of the notice and in case of default, the refusal would be considered as dispute arbitrable in accordance with Clause 6.1 of the Agreements. The respondent did not respond to the said notice. This petition has been filed u/s 11(6) of the Arbitration and Conciliation Act, 1996, to appoint a sole arbitrator to enter upon the reference and adjudicate the disputes relating to agreements of sale dated 29.06.2006.

Learned counsel appearing on both sides suggested the name of Sri Kukkaji Ramakrishna Bhat, Retd. District & Sessions Judge, to be appointed as the sole arbitrator to adjudicate the disputes relating to the agreements of sale dated 29.06.2006 entered into by the petitioner and respondent.

I have perused the petition and the annexures.

Clause 6.1 provides for resolution of disputes or claims arising out of or in relation to the agreement by having recourse to arbitration under and in accordance with the Indian Arbitration and Conciliation Act, 1996 and the venue for arbitration being Bangalore.

Keeping in view the notices and reply, between the parties, noticed supra, disputes have arisen in the matter relating to agreements of sale dated 29.06.2006, which can be adjudicated through arbitration.

In the result, the petition is allowed and all disputes between the parties arising out of or relating to the agreements of sale dated 29.06.2006, are referred to the sole arbitrator, Sri Kukkaji Ramakrishna Bhat, Retd. District & Sessions Judge, F-113, 4C, 4th Floor, Central Chambers, 2nd Main road, Gandhinagar, Bangalore - 9.

The parties are directed to appear before the arbitrator on 14.10.2011 at 5:30 p.m. and receive instructions.

The Registry to forthwith forward a copy of this order alongwith a copy of this petition to Sri Kukkaji Ramakrishna Bhat, for information and necessary action.

No costs.