M/S G M Amusement And Leisure Park Ltd vs Pilikula Nisarga Dhama Society (Regd) on 17 July, 2013

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Karnataka High Court

M/S G M Amusement And Leisure Park Ltd vs Pilikula Nisarga Dhama Society (Regd) on 17 July, 2013

Bench: Dilip B Bhosale

                            1


       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

             DATED THIS THE 2ND DAY OF JULY 2013

                          BEFORE

          THE HON'BLE MR. JUSTICE DILIP B BHOSALE

                       CMP.NO.78/2012

BETWEEN

M/S G M AMUSEMENT & LEISURE PARK LTD
A COMPANY HAVING ITS REGISTERED OFFICE
AT "MANASA", PILIKULA NISARGA DHAMA
MOODUSHEDDE, VAMANJOOR
MANGALORE-575028
REPRESENTED BY ITS CHAIRMAN
& MANAGING DIRECTOR
MR LENCY PINTO                             ... PETITIONER

(BY SRI U P MULIYA, ADV., & SANTHOSH KOTARI, ADV.,)

AND

PILIKULA NISARGA DHAMA SOCIETY (REGD)
PILIKULA NISARGA DHAMA
VAMANJOOR, MANGALORE-575028
REPRESENTED BY ITS EXECUTIVE DIRECTOR     ... RESPONDENT

(BY SRI R RAJAGOPALAN, ADV.,)
      THIS CIVIL MISC.PETITION FILED U/S.11(5) & (6) OF
THE ARBITRATION AND CONCILIATION ACT PRAYING, FOR THE
REASONS STATED THEREIN, THAT THIS HON'BLE COURT MAY
BE PLEASED TO:

I. TO EXERCISE ITS POWER U/S 11 OF THE ARBITRATION AND
CONCILIATION ACT, 1996 , AND APPOINT A SOLE ARBITRATOR
FOR THE RESOLUTION OF THE DISPUTE BETWEEN THE PARTIES
                               2


ARISING OUT OF LICENCE DEED DATED 24.6.2000 VIDE
ANNX-A IN THE INTEREST OF JUSTICE AND EQUITY.

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

PC:

      Heard learned counsel for the parties.


      2.    Learned counsel for the parties jointly request

that Mr. Shama Bhat, Retired District and Sessions Judge,

may be appointed as the sole Arbitrator.


      3.    The parties are accordingly referred to the sole

arbitration of Mr. Shama          Bhat, Retired District and

Sessions Judge, who is settled in Bangalore.             Sole

Arbitrator shall enter the reference, cause notice to the

parties and then proceed to resolve the dispute in

accordance with the Arbitration and Conciliation Act, 1996.


      4.    The petition is disposed of. Registry to

communicate this order to the sole Arbitrator forthwith.

Registry is further directed to return all original papers, if
                               3


any, filed along with the petition to enable the petitioner to

produce the same before the learned Arbitrator.



                                               Sd/-
                                              JUDGE


TL
                               4


DBBJ:                                              CMP 78/12
17.7.13

                ORDER ON 'BEING SPOKEN TO'

      Heard learned counsel for the parties.


      2.    It appears that through inadvertence, some

wrong order was typed in CMP 78/12.            I have already

signed the said order. Mr.Rajagopalan, learned counsel for

the respondent brought to my notice the error, which

learned counsel for the petitioner also does not dispute.

Hence, the order signed by me on 2.7.2013 is recalled and

in its place the following order is passed:

                           ORDER

Mr. Shama Bhat, Retired District and Sessions Judge, who is settled in Mangalore, is appointed as Sole Arbitrator for resolution of dispute between the parties arising from the deed of licence dated 24.6.2000, as suggested by learned counsel for the parties. Sole Arbitrator shall enter the reference, cause notice to the parties and then proceed 5 to resolve the dispute in accordance with the Arbitration and Conciliation Act, 1996.

All contentions are kept open including the contention of learned counsel for the respondent that the agreement itself does not exist and valid.

Petition is accordingly disposed of. Registry to communicate this order to the sole Arbitrator forthwith. Registry is further directed to return all original papers, if any, filed along with the petition to enable the petitioner to produce the same before learned Arbitrator.

Sd/-

JUDGE TL

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