VAISHNAV CONSTRUCTIONS REP. BY ITS PROPRIETOR SRI. V. LAKSHMAN Vs. ABDUL HAMEED VERKUMB, MRS. NASEEMA ABDUL HAMEED, MRS. SAFEENATH SAJIDA BEEVI AND MR. HARSHAVARDANA H.N., CHIEF ARCHITECT

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint an arbitrator to adjudicate the dispute between the petitioner and the respondents 1 to 3. It is stated, the petitioner and the respondents 1 to 3 entered into an agreement dated 30.5.2008 for construction of Multi -storied building, at Site No. 23, 6th Main Road, Gandhinagar, Bangalore -560 009 measuring 3150 sq. ft. The petitioner after completing the work, demanded payments. The respondents did not settled the claim. Therefore, the petitioner sent legal notice dated 2.7.2011 to arbitrate and settle the claim. Thereafter, the petitioner filed A.A. No. 235/2011 under Section 9 of the Arbitration and Conciliation Act, to restrain the respondents 1 to 3 from dispossessing the petitioner from the property during the pendency of the Arbitration proceedings. Therefore, the petitioner has prayed for appointment of an Arbitrator to adjudicate the dispute between the petitioner and the respondents 1 to 3.

(2.) THE respondents 1 to 3 have filed statement of objections contending that the petition is not maintainable. The clause in the agreement relied upon by the petitioner is not an arbitration clause. It is a clause agreed by the parties to refer any issue that may arise to the architect Sri. Harshavardhana for his expert opinion. There was no intention to refer the matter for arbitration. The reference to an architect in the agreement was only to rely upon his expert advice to avoid any difference or dispute between the parties.

(3.) IT is stated, the assumption that Sri. Harshavardhana is an arbitrator and the clause in the original contract was an arbitration clause are completely misconceived. Sri. Harshavardhana was only a project architect to resolve issues with a view to avoid disputes. In fact, settlement dated 19.8.2010 has been reached.