Chandru M. , S/o Sri Munianjinappa v. V. Lakshmana, S/o Late D. R. Venkatachalam
2017-02-03
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : The petitioners are before this Court in this petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking that an Arbitrator be appointed to resolve the dispute between the parties. 2. Notice of this petition was ordered to the respondents. The respondents have not chosen to appear and defend the instant petition, despite notice being held sufficient. 3. The petitioners and the respondents claim to have entered into an agreement of sale dated 11.10.2013 as at Annexure – F to the petition. Under the said agreement, the petitioners are stated to have agreed to purchase the property and advance amount in that regard is paid. The case of the petitioners is that despite the petitioners being ready and willing to perform their part of contract, the respondents have not chosen to complete the transaction. In that view, a dispute is stated to have arisen between the parties. Clause – 9 of the agreement provides that in the event of any dispute or difference arising between the parties, the same is to be settled by Arbitration under the provisions of the Arbitration and Conciliation Act. The petitioners in that view have got issued a notice dated 19.11.2014 calling upon the respondents to agree for the appointment of Arbitrator as provided in the agreement. The respondents though have received the notice did not choose to respond. It is in that light the petitioner is before this Court. 4. Having considered these aspects of the matter and on taking note of the clause contained in the agreement, an appropriate Arbitrator is required to be appointed. Therefore, keeping all these aspects in view Justice Sri Chandrashekaraiah, a former Judge of this Court is appointed to act as sole Arbitrator to resolve the dispute between the parties herein. 5. A copy of this order be dispatched to the Arbitration Centre, Khanija Bhavan, Bengaluru for necessary action in that regard. Learned counsel for the petitioner to also approach the Arbitration Centre with the relevant papers to be filed therein. The learned Arbitrator appointed herein shall thereupon enter reference and proceed with the matter in accordance with law and the Rules governing the Arbitration Centre. The petition stands disposed of accordingly.