:1:

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST 2014
BEFORE
THE HONBLE MR.JUSTICE A.N.VENUGOPALA GOWDA
C.M.P. NO.100002/2014
BETWEEN
ANAND S/O. HARIBHAU PATIL
AGE: 52 YEARS, OCC: BUSINESS,
R/O. AAI, BEHIND HARI MANDIR
IST CROSS, BHAGYANAGAR,
ANGOL, BELGAUM.
... PETITIONER
(BY SRI. SANGRAM S KULKARNI, ADV.)
AND
1.

PIRAJI VASANT VASUDEV

AGE: 62 YEARS, OCC:NIL
R/O. H NO. 786, SV ROAD, ANGOL
BELGAUM

2.

MAHESH PIRAJI VASUDEV

AGE: 38 YEARS, OCC: BUSINESS
R/O. H NO. 786, SV ROAD, ANGOL
BELGAUM.
... RESPONDENTS

(R1 & R2- NOTICE SERVED.)

THIS CIVIL MISCELLANEOUS PETITION IS FILED
UNDER SEC. 11(6) OF THE ARBITRATION AND
CONCILIATION ACT 1996, PRAYING TO APPOINT AN
ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE
PARTIES.

:2:

THIS PETITION COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER

The parties have entered into a development

agreement on 03.07.1997, vide Annexure A. Alleging
breach of the terms in the said agreement, petitioner
has served a notice dated 05.09.2013, vide Annexure
C, on the respondents and two others, to come forward
for resolution of the disputes through arbitration. The
petitioner suggested the name of an Arbitrator. There
being no response to the said demand from the
respondents, this petition was filed, to appoint an
Arbitrator for resolution of the disputes and differences,
which have arisen in the matters relating to the said
development agreement.
2.
for

the

Heard Shri S.S.Kulkarni, learned advocate

petitioner.

Development

agreement

as

at

Annexure A, provides for resolution of disputes

between the parties, touching the matters relating to the
agreement, by way of arbitration, the arbitrators being

:3:

chosen by each party and in case of difference of

opinion between such Arbitrators, they nominating a
common mediator and the decision of the arbitrators
and the mediator being final and binding on both the
parties.
3.

Since the respondents having not agreed for

the resolution of the dispute, by the person named in

the Notice, as at Annexure C and have also not
appeared in this Court, in view of the clause 19
appearing in Annexure A, there being agreement
between the parties for resolution of the disputes by
having recourse to arbitration, it is ordered as follows.
Petition is allowed and Shri A.T.Munolli, District
Judge (Retired), residing at No.514, near SBI, II stage,
Ranichennamma Nagar, Belgaum, is appointed as a sole
Arbitrator.
A copy of this order be sent to the learned
Arbitrator to enable him to enter upon the reference and
decide the case.

:4:

The original documents produced along with this

petition be returned to the learned advocate for the
petitioner.

SD/JUDGE
Rsh
ct: byg/-