(1.) IT is rather unfortunate that the children of Late Mr.Rangaswamy a leading practitioner at Bangalore Bar are at loggerheads. After the death of the father their mother respondent No.4 executed a gift in favour of the petitioner and respondents 1 & 3. Undoubtedly, there is a clause in the said gift deed that if there is any dispute between the recipients of the gift they should have their dispute redressed before an arbitral Tribunal. On coming into the possession of the property in question a partnership deed was entered into between the petitioners as well as respondent Nos.2 to 4 with reference to the said property. Indeed, the partnership deed would disclose that the partners propose to develop the said property and construct a Kalyan Mantap/commercial function center and to maintain and further develop the same.
(2.) INDEED, it is the case of the petitioners that respondents 1 to 3 were managing the properties. The grievance of the petitioners is that the property in question wherein a Kalyan Mantap is situated was not managed properly inasmuch as the funds collected were notutilised for the upkeep of the Kalyan Mantap. In these circumstances several exchanges of notices have taken place between the petitioner as well as the respondents. Since, the petitioners and the respondents cannot see eye to eye on these questions the petitioners proposed to exercise the arbitral clause both in the gift deed as well as the partnership deed. Hence, a notice was accordingly issued to the respondents calling upon them to give accounts with reference to the Kalyan Mantap. But the respondents reply was untenable. Hence, in these circumstances the petitioners state that a dispute has arisen with reference to the running of the said kalyan Mantap and suggested their nominee as an Arbitrator to decide the dispute between the parties. The said notice was responded by the respondents indicating that the notice does not disclose as to the reason for appointing an Arbitrator and they are not agreeable for the suggestion but reserved their right to accept or not the name suggested by them. Hence, in these circumstances the petitioners are before this Court seeking to invoke the arbitral clause in the gift deed as well as the partnership deed.
(3.) I have heard Mr.B.K.Sampath Kumar, learned counsel appearing for the petitioner in support of the petition as well as Mr.Prashanth Kumar, learned counsel appearing for respondent is support of the statement of objections.