GREEN CITY (BUILDERS AND DEVELOPERS) A REGISTERED PARTNERSHIP FIRM REP. BY ITS PARTNER ASHOK NARANG S/O PARAMANAND Vs. N. GANGADARAIAH S/O NANJUNDAIAH AND OTHERS

JUDGEMENT

(1.) RESPONDENTS are served and unrepresented.

(2.) THE Petitioner entered into Memorandum of Understanding with the Respondents as per Annexure -B, dated 29.4.2005 for purchasing the schedule properties. Supplementary Memorandum of Understanding is executed on 5.5.2005 as per Annexure -C. Clause 20 of the Memorandum of Understanding contains arbitration clause. After entering into the Memorandum of Understanding, the Petitioner stated to have paid certain part of the sale consideration to the Respondents. However, the disputes have arisen between the parties later and consequently sale could not take place, inasmuch as the terms and conditions found in the Memorandum of Understanding are not fulfilled. Ultimately, the Petitioner issued notice as per Annexure -H, dated 26.4.2007 invoking arbitration clause for appointment of Arbitrator. In the said notice, the name of the Arbitrator was mentioned.

(3.) HAVING regard to the totality of the facts and circumstances of the case, I am of the opinion that this is a fit case to appoint an Arbitrator. Accordingly, the following order is made: