PUTHA BUILDERS AND DEVELOPERS Vs. N G BASAVARAJAPPA

JUDGEMENT

(1.) PETITIONER and respondents have entered into a Joint Development Agreement as per Annexure-F, dated 04.04.2008. However, the disputes have arisen between the parties subsequently. There are exchange of notices. Since the differences are not settled between the parties by mutual consent, this Civil Miscellaneous Petiton is filed for appointment of an arbitrator.

(2.) THE Joint Development Agreement contains an arbitration Clause. THE said clause reveals that the parties have agreed that the disputes if any relating to the agreement or interpretation of any of the terms of this agreement shall be referred to the arbitration proceedings governed by the Arbitration and Conciliation Act, 1996. Learned Advocates on both sides submit that the matter may be referred to arbitration for adjudication of dispute between the parties. Accordingly, the following order is made: Sri G.Raghavendra Rao, Retired District Judge, No.18, 2nd Cross, Judicial Officers' Layout, Sanjay Nagar, Bangalore-560094 is appointed as Sole Arbitrator to resolve the dispute between the parties. THE learned Arbitrator, on receipt of a copy of this order shall enter upon the reference, issue notice to the parties and then proceed to resolve the dispute, in accordance with the Arbitration and Conciliation Act, 1996. Office is directed to send a copy of this order to the learned Arbitrator, forthwith. Office is further directed to return all the original papers, if any, filed along with the petition to the petitioner to enable him to produce before the learned Arbitrator. Petition is disposed of accordingly.