Rocklines Housing Development Private ... vs Ms Vummidishingh Mukta Naidu on 29 July, 2013

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Karnataka High Court

Rocklines Housing Development Private ... vs Ms Vummidishingh Mukta Naidu on 29 July, 2013

Bench: Dilip B.Bhosale

                          -1-



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 29th DAY OF JULY 2013

                        BEFORE

    THE HON'BLE MR.JUSTICE DILIP B.BHOSALE

                 C.M.P. NO.162/2012

BETWEEN:

Rocklines Housing Development
Private Limited,
A Company incorporated and functioning
Under the Companies Act, 1956, having its
Registered office at 'Rocklines House',
9/2, Museum Road, Bangalore-560 001.
Represented by its Director
Mr.Mohammed Daanish Zackria.
                                        ...PETITIONER

(By Smt.Kavitha Damodhar, Adv.)

AND:

Ms.Vummidishingh Mukta Naidu,
d/o Ms. Vummidishingh Prathima Naidu,
Aged about 19 years,
Residing at No.11, Rest House Crescent,
Bangalore-560 001.
                                  ... RESPONDENT

(By Sri.B.N.Vinod Kumar, Adv.) This C.M.P. is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to constitute the arbitral tribunal by appointment of a suitable person as the sole arbitrator for the resolution of the differences, claims and counter claims that have -2- arisen between the parties in connection with the said MoU dated 02.04.2012 (Annexure-A herein), in the interest of justice and equity.

This C.M.P. 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 to appoint Mr.G.Patri Basavana Goud, Retired Judge of this Court as sole Arbitrator.

3. The parties are accordingly referred to the sole arbitration of Mr.Patri Basavana Goud, (Retd) Former Judge of the High Court, who is a permanent resident of Bangalore. The 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. Learned counsel for the petitioner has volunteered to bear 60% of the expenditure that would be incurred for the arbitration proceedings including the -3- fees of the arbitrator. Her statement is recorded and accepted. It is needless to mention that remaining 40% expenditure would be borne by the respondents.

5. 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 petitioner to produce the same before the learned Arbitrator.

Sd/-

JUDGE Srl.

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Karnataka High Court