Smt Shanthi Ganeshan vs M/S Aishwarya Properties Private Ltd on 25 September, 2013

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Karnataka High Court

Smt Shanthi Ganeshan vs M/S Aishwarya Properties Private Ltd on 25 September, 2013

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.72/2012

BETWEEN

Shanthi Ganeshan,
W/o.Sri. Muthu Krishnan Ganeshan
58 years, R/at No.6, 3rd Floor
4th Cross, Jai Bharath nagar
Banaswadi Road, Bangalore-33.        ... Petitioner

(By Sri.K. Chandrashekara, Adv.)

AND:

M/s.Aishwarya Properties Private Limited
A company incorporated under the
Company's Act,
Represented by its Director
No.4/3, 4th Cross, 12th Main
M.S. Ramaiah Nagar, Mathikere
Bangalore.

Also at:

M/s.Aishwarya Properties Private Limited
Flat No.F-1, First Floor,
Old No.6/1, New No.18,
4th "A" Cross, Aishu Mahal
Jai Bharath Nagar
                                2




Banaswadi Main Road
Bangalore-33.                              ...Respondents

(By Sri.E. Krishnaiah, Advocate)

                         -0-00-0-

      This CMP is filed under Section 11(5) of the
Arbitration and Conciliation Act 1996 to appoint a sole
arbitrator at Bangalore to adjudicate the inter-se
dispute between the petitioner and the respondent as
per the agreement dated 9.2.2007 in Annexure-B.

     This CMP coming on for admission this day, the
Court passed the following:-

                               ORDER

Having heard learned counsel for the petitioner while for the respondent learned counsel is absent, perused the pleadings and examined the joint development agreement Annexure-"B", Clause(m) is an arbitration agreement. The notice dated 20.1.2012, Annexure-"E' addressed by the petitioner through his counsel to the respondent is returned unserved, though, petitioner has raised disputes arising out of the joint development agreement.

2. In that view of the matter and recording the submission of the learned counsel for the petitioner that an arbitrator of the choice of the Court be appointed, Sri.Sosale Indudhara, Retired District and Sessions Judge is appointed as an arbitrator to enter upon reference and conduct the arbitration proceedings before the Bangalore Arbitration Centre, in accordance with Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.

Sd/-

JUDGE.

*alb/-.

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Karnataka High Court