Karnataka High Court
M/S Chawla Interbild Construction vs M/S Skyline Construction And on 20 June, 2013
Author: H N Nagamohan Das
Bench: H.N. Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS
CMP No.112/2011
C/w. CMP No.113/2011
CMP NO.112/2011
BETWEEN
M/S CHAWLA INTERBILD CONSTRUCTION
COMPANY PRIVATE LIMITED
HAVING ITS OFFICE AT NO.3 HOMELANDS,
55 HILL ROAD, BANDRA (WEST)
MUMBAI-400 050
REPRESENTED BY ITS DIRECTOR
MR. RAJIV CHAWLA
... PETITIONER
(BY SRI R V NAIK, ADVOCATE)
AND
1. M/S. SKYLINE CONSTRUCTION AND
HOUSING PRIVATE LIMITED
No.11, HAYES ROAD,
BANGALORE-560 025.
2. VERNEKAR ASSOCIATES PVT. LTD.,
NO.8, 1ST A MAIN ROAD, STAG EXTENSION
ST BED, KORAMANGALA IV BLOCK,
BANGALORE-560 095
... RESPONDENTS
(BY SRI ABHINAV R., ADVCOATE)
2
THIS CIVIL MISC. PETITION IS FILED U/S.11(5) OF
THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING,
FOR THE REASONS STATED THEREIN, THAT THIS HON'BLE
COURT BE PLEASED TO APPOINT A SOLE ARBITRATOR IN
TERMS OF CLAUSE 17 OF THE AGREEMENT/CONTRACT
DATED 01/09/2006 ON BEHALF OF THE PETITIONER AND
THE RESPONDENT AND ALLOW THE SAID ARBITRATOR TO
ENTER UPON THE REFERENCE AND ADJUDICATE UPON ALL
THE PENDING DISPUTES AND DIFFERENCES BETWEEN THE
PARTIES ARISING OUT OF THE SUBJECT AGREEMENTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
CMP NO.113/2011
BETWEEN
1. M/S CHAWLA INTERBILD CONSTRUCTION
COMPANY PRIVATE LIMITED,
HAVING ITS OFFICE AT NO.3,
HOMELANDS, 55 HILL ROAD,
BANDRA (WEST), MUMBAI-400 050
REPRESENTED BY ITS DIRECTOR
MR. RAJIV CHAWLA
... PETITIONER
(BY SRI R V NAIK, ADVOCATE)
AND
1. M/S SKYLINE BAGMANE DEVELOPERS
A PARTNERSHIP FIRM, REPRESENTED BY ITS
MANAGING PARTNER,
HAVING ITS REGISTERED OFFICE AT
NO.11, HAYES ROAD,
BANGALORE- 560 025
... RESPONDENT
(BY SRI ABHINAVA R, ADVOCATE)
3
THIS CIVIL MISC. PETITION IS FILED U/S.11(5) OF
THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING,
FOR THE REASONS STATED THEREIN, THAT THIS HON'BLE
COURT BE PLEASED TO APPOINT A SOLE ARBITRATOR IN
TERMS OF CLAUSE 17 OF THE AGREEMENT/CONTRACT
DATED 20/07/2006 ON BEHALF OF THE PETITIONER AND
THE RESPONDENT AND ALLOW THE SAID ARBITRATOR TO
ENTER UPON THE REFERENCE AND ADJUDICATE UPON ALL
THE PENDING DISPUTES AND DIFFERENCES BETWEEN THE
PARTIES ARISING OUT OF THE SUBJECT AGREEMENTS, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE CMPs COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
In these petitions the petitioner has prayed for appointment of an arbitrator in terms of the contract dated 1st September 2006.
2. It is not in dispute that there came to be a contract signed by both the parties on 01.09.2006 as per Annexure-B. Clause 17 of the contract Annexure- B provides for an arbitration clause and the same reads as under:
"In the event of any dispute or difference arising out of or in connection with the works to be executed in pursuance of this 4 contract, shall be referred to and settled by the decision of the sole Arbitrator, to be appointed by the Architect. The Arbitration subject to the provisions of the Arbitration and conciliation Act 1996, or any statutory modification of re-enactment thereof and the rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. The venue for arbitration shall be Bangalore.
3. Petitioner by invoking clause 17 of the contract requested the Architects by their letters dated 20.11.2009 and 03.12.2009 to appoint an arbitrator. The Architects by their communication dated 4th January 2010 states that they have to read and understand the contract and also they have to consult through their clients i.e. respondent herein. Therefore the petitioner is before this Court.
4. Heard arguments on both the side and perused the entire petition papers. 5
5. Learned Advocate on both the side submit that the Architects may be directed to appoint an arbitrator without insisting on the nature of dispute between the parties. Further it is submitted that both the parties will file their respective claims before the arbitrator to be appointed by the Architects. In the circumstances the following:
ORDER
(i) Petitions are hereby allowed.
(ii) The Architects Vernekar Associates Private Limited are hereby directed to appoint an arbitrator.
The Arbitrator appointed by the Architects shall adjudicate the dispute between the parties.
(iii) The Arbitrator shall conduct the arbitration proceedings in the Arbitration Center at Bangalore as per the rules framed by it.
6
Registry is hereby directed to send a copy of this order to the Architects Vernekar Associates Private Limited and the Arbitration Center at Bangalore.
Sd/-
JUDGE Sbs*