Axis Bank Limited (Formerly Know vs Mr Addul Hameed Husain on 9 October, 2013

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Karnataka High Court

Axis Bank Limited (Formerly Know vs Mr Addul Hameed Husain on 9 October, 2013

Bench: Ram Mohan Reddy

                         1




   IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 9th DAY OF OCTOBER 2013

                      BEFORE

 THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

                   CMP.No.31/2013

BETWEEN

1.AXIS BANK LIMITED (FORMERLY KNOW
AS UTI BANK LTD)
NO.8, SONA TOWER,
32ND E CROSS,4TH T BLOCK,
JAYANAGAR, BANGALORE- 560 041
REPRESENTED BY ITS DEPUTY MANAGER
MS.BENAZIR AFSHAN               ...PETITIONER

(By Smt. SREEDEVI, ADVOCATE)

AND:

1.MR ADDUL HAMEED HUSAIN
S/O M HUSAIN,
AGED ABOUT 46 YEARS,

2.MRS RESHMA HAMID
W/O MR ABDUL HAMEED HUSAIN
AGED ABOUT 35 YEARS

3.MRS SHAHNAZ HUSSAIN
W/O MR HYDER HUSAIN
AGED ABOUT 57 YEARS

ALL ARE R/AT
                            2




NO. 6836, HUSAINI MANZIL,
2ND CROSS, BANK COLONY,
SHIVAJINAGAR,
NELAMANGALA- 562123

ALSO AT:

FLAT NO. 343, THIRD FLOOR,
"NISARGA KEERTHANA"
CHANDAPURA VILLAGE, ATTIBELE HOBLI,
ANEKAL TALUK,BANGALORE

4.M/S NISARGA BUILDERS
HAVING ITS REGISTERED OFFICE AT
NO.37/1,SECOND FLOOR,
BRIDGE ROAD CORSS,
BANGALORE- 560 011         ...RESPONDENTS

(By Sri. V RAGHUNATH, ADV. FOR R3; SRI .J.
RAVISUNDER, ADVOCATE AND SRI.T.S.
HARIKRISHNAPPA, ADV. FOR R-4; R-1 AND R-2 ARE
SERVED AND UNREPRESENTED)

                      -0-0-0-0-0-

   This Civil Misc. Petition filed U/s.11(5) of the
Arbitration and Conciliation Act, 1996 praying, to
appoint an arbitrator as per Clause 9 of the tripartite
agreement dated 26/2/2008 to adjudicate the dispute
between the parties.

     This CMP coming on for admission this day, the
Court passed the following:-

                          ORDER

Heard the learned counsel for the parties. 3

2. It is submitted by the learned counsel for the parties that there is no dispute over Clause 9 of the Tripartite Agreement dated 26.2.2008 Annexure-"E" is an arbitration agreement and that the Court may appoint an Arbitrator of its choice to arbitrate upon the disputes arising out of the said agreement.

3. Recording the submission of the learned counsel, Sri. K. Eshwar Bhat, Retired District Judge is appointed as an arbitrator with a request to enter upon reference and conduct the arbitration proceeding before the Bangalore Arbitration Centre, in accordance with Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

Sd/-

JUDGE.

*alb/-.

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