Karnataka High Court
Gopalakrishnan H vs M/S New Shelters on 25 September, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25th DAY OF SEPTEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
CMP.No.40/2013
BETWEEN
1.GOPALAKRISHNAN H
S/O V R HARIHARA IYER
AGED ABOUT 59 YEARS
BUSINESSMAN, R/A NO.23/1
MUNISWAMY ROAD, TASKER TOWN
BANGALORE-560051
2.SRI H VENKATESHWARAN
S/O V R HARIHARAIYER
AGED ABOUT 61 YEARS
PRESENTLY R/IN USA
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER AND SISTER SMT VASANTHA
PARAMESWARAN
AGED ABOUT 62 YEARS(4TH PETITIONER)
W/O P S PARAMESWARAN
R/A NO.245, 6-B CROSS
DOMLUR LAYOUT, BANGALORE-560071
3.SMT VIJAYAM VENKATESHWARAN
W/O M S VENKATESHWARAN
AGED ABOUT 66 YEARS, R/A G-5 B, BLOCK 1-A
"HIMAGIRI ENCLAVE", KAGGADASPURA MAIN ROAD
C.V. RAMAN NAGAR, BANGALORE-560093
2
REPRESENTED BY HER POWER OF ATTORNEY
HOLDER AND SISTER SMT VASANTHA
PARAMESWARAN
AGED ABOUT 62 YEARS(4TH PETITIONER)
W/O P S PARAMESWARAN, R/A NO.245, 6-B CROSS
DOMLUR LAYOUT, BANGALORE-560071
4.SMT VASANTHA PARAMESWARAN
AGED ABOUT 62 YEARS(4TH PETITIONER)
W/O P S PARAMESWARAN
R/A NO.245, 6-B CROSS
DOMLUR LAYOUT, BANGALORE-560071
5.SMT SAROJA VENKATESHWARAN
W/O K S VENKATESHWARAN
AGED ABOUT 56 EYARS
R/AT NO.35
VENKATARAMANA ROAD, R S PURAM
COIMBATORE, TAMIL NADU ... PETITIONERS
(By Sri. N BAYYA REDDY, ADVOCATE)
AND
M/S NEW SHELTERS
A PARTNERSHIP FIRM
REPRESENTED BY ITS PARTNERS
(1)MR. RAVI, MAJOR
OFFICE AT NO.18, IST STREET
ABHIRAMAPURAM
CHENNAI-600018
2.MRS GEETHA VENKITACHALAM
MAJOR, R/A NO.3, SHENOY ROAD
CHENNAI-600034 ... RESPONDENTS
3
(By Sri. G SUKUMARAN, ADVOCATE)
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This Civil Misc. Petition is filed U/s.11(5) of the
Arbitration and Conciliation Act, 1996 to appoint an
arbitrator for the settlement of dispute between the
petitioners and respondent as per terms of reference
stated in the petition as per Agreement Annexure-A
dated 12/10/2007.
This CMP coming on for admission this day, the
Court passed the following:-
ORDER
Having perused the memorandum of petition and the joint development agreement Annexure-"A", the General Power of Attorney, Annexure-"B", supplementary agreement, Annexure-"C" as between the parties and the memorandum of understanding, document No.1 to the statement of objections, there is no dispute that Clause(25) of the joint development agreement, Annexure-"A" is an arbitration agreement by which the dispute or difference between the parties, arising out of the agreement be decided by an arbitrator in accordance with the provisions of the Arbitration and 4 Conciliation Act, 1996 with the seat of arbitration at Bangalore.
2. Sri. G. Sukumaran, learned counsel for the respondent submits that despite the objections that the original joint development agreement has been terminated, nevertheless, on instructions submits that the Court may appoint an arbitrator of its choice.
3. In that view of the matter Sri. Justice A.V.Srinivas Reddy, Retired Judge of this Court is appointed as an arbitrator with a request to enter upon reference and conduct the arbitration proceeding before the Bangalore Arbitration Centre, in accordance with Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/-
JUDGE.
*alb/-.