SWAMY VIVEKANANDA DEVELOPERS Vs. ZENAB BAI

JUDGEMENT

(1.) This civil miscellaneous petition has been filed by the petitioner under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an Arbitrator to adjudicate the dispute which has arisen in relation to the Memorandum of Understanding ('MOU' for short) at Annexure A' dated 19.7.2012.

(2.) The petitioner is a developer. The respondent being the owner of the land bearing Sy. No. 44 measuring an extent of 2 acres situated at Mullur Village, Varthur Hobli, Bangalore South Taluk, now Bangalore East Taluk, entered into the aforesaid MOU with the petitioner for the construction of a multistoried residential apartment. According to the petitioner, the respondent has failed to perform her obligation in terms of the MOU. Therefore, petitioner issued a notice as per Annexure 'C' dated 10.3.2015 calling upon the respondent to give consent for appointment of an arbitrator to adjudicate the dispute. Since the respondent did not come forward for appointment of an arbitrator, the petitioner has filed this petition for the reliefs indicated earlier.

(3.) The respondent has filed the statement of objections.