A.R. SHAMBULINGA S/O. A.N. RUDRAPPA AND SRI A.R. PRABHUDEV S/O. A.N. RUDRAPPA Vs. SMT. A.C. LALITHA W/O. LATE A.R. CHANDRABUSHAN AND OTHERS

JUDGEMENT

(1.) THESE writ petitions are filed challenging the order passed by the sole Arbitrator - Respondent No. 18 on the application tiled by the Petitioners herein seeking to implead Respondents 4 to 17 herein as Respondents before the Arbitrator in case bearing CMP No. 57/2010.

(2.) RESPONDENT No. 18 is appointed as a sole Arbitrator by the order passed by this Court on 29.11.2010 in CMP No. 57/2010 to resolve the dispute between the parties i.e. the Petitioners 1 and 2 herein and Respondents 1 to 3 herein. The grievance is with regard to the Partnership Firm that they allegedly constituted and with regard to the assets of the Partnership Firm consisting of immovable properties.

(3.) LEARNED Counsel for the Petitioners fairly submits that to the agreement wherein the arbitration clause is incorporated, the proposed Respondents are not parties. However, his contention is that since Respondents 1 to 3 who are parties to the agreement containing arbitration clause have indulged in alienating the property in favour of the proposed Respondents and that there is consistent effort made by the proposed Respondents to further alienate the property, Petitioners have no other go, except to implead them as party Respondents in the pending arbitral proceedings so as to secure their right and interest.