Karnataka High Court
Valmark Realty Holdings Pvt Ltd vs Girish Krishnappa on 4 November, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2024:KHC:44125
CMP No. 293 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
CIVIL MISC. PETITION NO. 293 OF 2024
BETWEEN:
1. VALMARK REALTY HOLDINGS PVT LTD
A COMPANY REGISTERED UNDER
THE COMPANIES ACT
HAVING ITS OFFICE AT THE RESIDENCY
10TH FLOOR, NO 133/1
RESIDENCY ROAD
BANGALORE - 560 025
REPRESENTED BY ITS AUTHORIZED SIGNATORY/
GENERAL MANAGER
MR PARAS DHAIVANTRAY TOLIA
... PETITIONER
(BY SRI. ABHISHEK N V., ADVOCATE)
Digitally
signed by
VIJAYA P AND:
Location:
HIGH
COURT OF
KARNATAKA 1. GIRISH KRISHNAPPA
S/O KRISHNAPPA
AGED ABOUT 49 YEARS
NO.161, 9TH MAIN ROAD
6TH SECTOR, HSR LAYOUT
BANGALORE - 560 103
2. MUNEGOWDA
S/O LATE SRI KEMPAIAH
AGED ABOUT 70 YEARS
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NC: 2024:KHC:44125
CMP No. 293 of 2024
HOUSE NO.52
MATHRUBHAVAN
NAGASHETHALLI
SANJAYANGAR POST
BANGALORE - 560 094
... RESPONDENTS
(NOTICE TO R1 AND R2 ARE SERVED
AND UNREPRESENTED)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6)
OF THE ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO A) ALLOW THE ABOVE PETITION; B) APPOINT
JUSTICE P VISHWANATH SHETTY, FORMER JUDGE, HON'BLE
HIGH COURT OF KARNATAKA AS THE SOLE ARBITRATOR AS
PER CLAUSE 14(H) OF MEMORANDUM OF UNDERSTANDING
DATED 20.08.2014 AT ANNEXURE-A, OR IN THE ALTERNATIVE
AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The present petition has been filed seeking for appointment of sole Arbitrator in light of the disputes that have arisen relating to Memorandum of Understanding ("MoU" for short) dated 20.08.2014. A notice has been issued as per Annexure-B for appointment of Arbitrator as per Clause 14 (h) of the MoU, which provides for dispute -3- NC: 2024:KHC:44125 CMP No. 293 of 2024 resolution mechanism. The notice issued insofar as respondent no.1 is returned back with postal shara "refused" and insofar as respondent no.2 is concerned, respondent no.2 has made out a reply at Annexure-G. The reply at Annexure-G is one of total denial and counter allegations are made.
2. The respondents though served have not appointed any legal counsel to represent them in the present proceedings.
3. In light of the Memorandum of Understanding (MoU), Clause regarding dispute resolution in the MoU at Clause 14 (h) as well as absence of any stand in the present petition, matter requires to be referred in terms of Clause 14 (h) for conciliation between the parties.
4. Accordingly, Sri P.N.Desai, Retired High Court Judge is appointed as the Mediator to endeavour to bring about settlement within 30 days.
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NC: 2024:KHC:44125 CMP No. 293 of 2024
5. It is clarified that the dispute is to be attempted to be settled through mediation and after such process is explored, matter to be taken up for arbitration.
6. If the matter is not settled in mediation, then the matter may be taken up by the Arbitrator.
10. Sri P.N.Desai, Retired High Court Judge is appointed as the sole Arbitrator to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case, as per the Rules governing the said Arbitration Centre. The Arbitrator is at liberty to take the assistance of Chartered Accountant at his discretion.
(i) All claims and contentions of any of the parties including jurisdiction, limitation, etc., are left/kept open to be decided by the Arbitral Tribunal.
(ii) A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, -5- NC: 2024:KHC:44125 CMP No. 293 of 2024 Bengaluru, for proceeding further in the matter, on administrative side and also to Sri P.N.Desai, Retired High Court Judge to the address available with the said Arbitration and Conciliation Centre (Domestic & International), Bengaluru.
(iii) Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.
8. In the event that the proceedings are settled at the stage of mediation itself, the fee for mediation is to be settled in terms of Rule 6(a) of the Arbitration & Conciliation Centre Rules, 2012 or any amount beyond that stipulated in Rule 6(a) as parties mutually agree upon.
9. Accordingly, the petition is disposed off.
Sd/-
(S SUNIL DUTT YADAV) JUDGE NP