M/S Shree Chakra Developers vs M/S. Conglome Technoconstructions Pvt ... on 29 July, 2013

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Karnataka High Court

M/S Shree Chakra Developers vs M/S. Conglome Technoconstructions Pvt ... 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

     CIVIL MISCELLANEOUS PETITION No.24/2013

BETWEEN

M/s Shree Chakra Developers,
A partnership firm having its office at
No.361, 8th Cross, BCC Layout,
Vijayanagar, Bangalore-560040,
Represented by its partner
Sri S. Guna Sekar,
S/o late K. Shanmugam,
Aged about 45 years.
                                             Petitioner
(By Sri B. Pramod, Adv.)

AND:

1.     M/s Conglome Technoconstructions Pvt. Ltd.,
       A Company incorporated under the
       Companies Act, 1956, with registered office
       At No.33-44, 1 & 2, 8th Main,
       4th Cross, RMV Extension,
       Sadashivnagar, Bangalore-560 080,
       Represented by its Director-
       Sri Vaidyanathan Ramamurthy.

2.     Sri Dasari Ramesh,
       Authorised Signatory,
       M/s Conglome Technoconstructions Pvt. Ltd.,
       A Company incorporated under the
       Companies Act, 1956, with registered office
       At No.33-44, 1 & 2, 8th Main,
                             2


      4th Cross, RMV Extension,
      Sadashivnagar, Bangalore-560 080,

3.    Sri A.R.Chakravarthy,
      Aged about 30 years,
      S/o Sri A. Ramu Naidu,
      Proprietor of Sri Bouma Enterprises,
      Having address at No.156,
      4th Cross, 1st Floor,
      G.P.R. Royal Layout,
      Huskur Road, Opp. Fruit Market,
      Bangalore-560 100.
                                           Respondents

(By Sri Dinesh R. Kadlas, Adv. for R-1 and R-2;

Sri Sathish B-Law Mens Company for R-3) This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to allow the petition and appoint a sole arbitrator to adjudicate upon the disputes between the parties herein under the Memorandum of Understanding dated 22.12.2010, Annexure-C as per arbitration clause 11 .

This petition coming on for Orders this day, the Court made the following:

PC:

Heard learned counsel for the parties.

2. Learned counsel for the parties jointly request that Justice R. Gururajan, Former Judge of this Court may be appointed as the sole Arbitrator. 3

3. The parties are accordingly referred to the sole arbitration of Justice R. Gururajan, who is settled in 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. 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/-

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