Sri S N Santosh Kumar vs Sri S A Narahari Setty on 30 July, 2013

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Karnataka High Court

Sri S N Santosh Kumar vs Sri S A Narahari Setty on 30 July, 2013

Bench: Dilip B.Bhosale

                        -1-



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 30th DAY OF JULY 2013

                     BEFORE

    THE HON'BLE MR.JUSTICE DILIP B.BHOSALE

               C.M.P. NO.56 OF 2012

BETWEEN:

1. SRI. S.N. SANTOSH KUMAR
  S/O. S.A. NARAHARI SHETTY
  AGED ABOUT 42 YEARS
  PARTNER OF SRI VIJAYALAKSHMI COTTON
  AGENCIES

2. SMT. S.S. MADHAVI
   W/O. SRI. S.N. SANTOSH KUMAR
   AGED ABOUT 37 YEARS
   PARTNER OF SRI VIJAYALAKSHMI COTTON
   AGENCIES

  BOTH THE PARTIES ARE RESIDING AT
  #A004, ADARSH NIVAS, 70
  KANKA PURA ROAD, JARAGANAHALLI
  J.P.NAGAR, 6TH PHASE
  BANGALORE-560 078.
                                 ...PETITIONERS

(By SRI: CHANDAN, ADV., FOR
         M/S. CHANDAN ASSOCIATES, ADV.)

AND:

1. SRI. S.A. NARAHARI SETTY
   S/O. S. ACHANNA SETTY
   SINCE DECEASED BY LEGAL REPRESENTATIVE

1A. C.P. VEENA
    W/O C.R. PRASHANTH KUMAR          AMENDED AS
    AGED ABOUT 39 YEARS               PER COURT
    A-005, MANTRI GARDENS             ORDER DATED
                                        05.06.2013
                          -2-



    1ST BLOCK, JAYANAGAR
     NEAR MADHAVAN PARK
     BANGALROE-560 011.

2. SMT. LAKSHMI DEVI
    W/O. SRI. S.A. NARAHARI SETTY
    PARTNER OF SRI. VIJAYALAKSHMI COTTON
    AGENCIES
    AGED ABOUT 61 YEARS
    RESIDENT OF HORTICULTURE OFFICE ROAD
    V.P. EXTENSION
    CHITRADURGA.

3. SRI. S.N. ARUNKUMAR
   S/O. SRI. S.A. NARAHARI SETTY
   PARTNER OF SRI. VIJAYALAKSHMI COTTON
   AGENCIES
   AGED ABOUT 36 YEARS
   RESIDENT OF HORTICULTURE OFFICE ROAD
   V.P. EXTENSION
   CHITRADURGA.

4. SMT. S.A. VIJEETHA
   W/O. S.N. ARUNKUMAR
   PARTNER OF SRI VIJAYALAKSHMI COTTON
   AGENCIES
   AGED ABOUT 32 YEARS
   RESIDENT OF HORTICULTURE OFFICE ROAD
   V.P. EXTENSION
   CHITRADURGA.
                                 ... RESPONDENTS

(By Sri: A. KRISHNA BHAT, ADV., FOR M/S. A. KRISHNA
         BHAT & ASSTS., FOR R2, 3 AND 4
         R1(A) served)
                          ------

THIS C.M.P. IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR FOR THE PURPOSE OF ADJUDICATING THE DISPUTE BETWEEN THE PARTIES, IN THE INTEREST OF JUSTICE AND EQUITY. -3-

THIS C.M.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-

PC:

Heard learned counsel for the petitioners and learned counsel for respondent Nos.2, 3 and 4. None appears for respondent No.1A, though served.

2. Learned counsel for the parties, jointly request that Mr. M. Chinnappa, Retired Judge of this Court may be appointed as the sole Arbitrator.

3. The parties are accordingly referred to the sole arbitration of Mr. M. Chinnappa (Retd), Former Judge of the High Court, who is settled in Bangalore. The 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 Arbitrator forthwith. Registry is further directed to return original papers, if any, filed along with the petition to enable the -4- petitioners to produce the same before the learned Arbitrator.

Sd/-

JUDGE *mn/-

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