Sri Ravindra Kumar D S/O Sri Mallikarjun ... vs Sri H M Thyagaraja on 13 September, 2013

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Karnataka High Court

Sri Ravindra Kumar D S/O Sri Mallikarjun ... vs Sri H M Thyagaraja on 13 September, 2013

Bench: Ram Mohan Reddy

                         1

                                        C.M.P.54/13

    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 13TH DAY OF SEPTEMBER 2013

                      BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

        CIVIL MISC. PETITION NO. 54 OF 2013


BETWEEN:

1      RAVINDRA KUMAR D
       MAJOR IN AGE
       S/O. MALLIKARJUN D
       R/AT NO. 63/2, A TYPE
       KPWD QUARTERS
       JEEVAN BHEEMANAGAR MAIN ROAD
       BANGALORE - 560 075.

2      GOVIND RAO C
       MAJOR IN AGE
       S/O. K C SRINIVASA RAO
       R/AT NO. 1354
       32ND CROSS, 4TH T BLOCK
       JAYANAGAR, BANGALORE - 560 041.
                                    ... PETITIONERS

(BY SRI. H S SOMNATH, ADVOCATE)

AND :

1      H M THYAGARAJA
       MAJOR
       S/O. LATE H R MUNISWAMY SETTY
       R/AT MUNISWAMY SETTY LAYOUT
       HOODI, MAHADEVAPURA POST
       BANGALORE - 560 048.
                        2

                                      C.M.P.54/13


2   K P NIRMALA
    MAJOR
    W/O. A MADHAVA REDDY
    R/AT NO. 952, RAJA PALYA
    HOODI, MAHADEVAPURA POST
    BANGALORE - 560 048.

3   A MADHAVA REDDY
    MAJOR
    S/O. A ANJINAPPA
    R/AT NO. 952, RAJA PALYA
    HOODI, MAHADEVAPURA POST
    BANGALORE - 560 048.

4   A RAMESH
    MAJOR
    S/O. LATE APPAIAH
    R/AT NO. 309, BASAVANNA NAGAR
    HOODI, MAHADEVAPURA POST
    BANGALORE - 560 048.

5   A VIJAYAKUMAR
    MAJOR
    S/O. LATE APPAIAH
    R/AT NO. 309, BASAVANNA NAGAR
    HOODI, MAHADEVAPURA POST
    BANGALORE - 560 048.
                                ... RESPONDENTS

(BY SRI. M N MADHUSUDHAN,
     ADVOCATE FOR R1 TO R3 AND R5)

     THIS PETITION IS FILED UNDER SECTION 11(6)
(a) OF THE ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO APPOINT AN ARBITRATOR TO
RESOLVE THE EXISTING DISPUTE BETWEEN THE
PARTIES HEREIN IN TERMS OF THE ARBITRATION
CLAUSE CONTAINED IN CLAUSE NO. 9 OF THE
                              3

                                                  C.M.P.54/13

MEMORANDUM OF AGREEMENT DATED 10.09.2005;
AND ETC.

     THIS PETITION IS COMING ON FOR ADMISSION,
THIS DAY THE COURT MADE THE FOLLOWING:

                         ORDER

Heard the learned Counsel for the parties.

2. There is no dispute that Clause-9 of the Memorandum of Agreement dated 10th September 2005 between the parties, Annexure-A, provides for dispute redressal by way of arbitration. Learned Counsel for the parties submit on instructions that, they consent to the appointment of Sri.S.Siddalingesh, a Retired District and Sessions Judge as an Arbitrator.

Recording the submission, this petition is allowed. Sri.S.Siddalingesh, a Retired District & Sessions Judge, is requested to enter upon reference, conduct the arbitration proceeding in the Bangalore Arbitration Centre, in accordance with the Appointment of Arbitrators by the 4 C.M.P.54/13 Chief Justice of Karnataka High Court Scheme, 1996.

Petition is ordered accordingly.

Sd/-

JUDGE.

KNM/

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