LAWS(KAR)-2019-3-447

NARENDRA RAMIREDDY Vs. DREAMZ INFRA INDIA LTD

Decided On March 26, 2019
Narendra Ramireddy Appellant
V/S
DREAMZ INFRA INDIA LTD Respondents

JUDGEMENT

(1.) Mr. T. S. Venkatesh, learned counsel for the petitioner.

(2.) By means of this petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred as 'the Act', for short), the petitioner inter alia seeks appointment of a sole arbitrator to adjudicate the dispute that has arisen between the petitioner and the respondent.

(3.) Facts giving rise to the filing of this petition briefly stated are that the respondent is a company registered under the Companies Act, 1956. The respondent is the owner and developer of the immovable property bearing New Katha No.61, property No.8-5-1A (Old Sy.No.8/5, House List No.1A, Katha No.117/69/1) measuring 3,200 sq. ft. and property bearing New Katha No.62, Property No.8-5-1B (Old Sy.No.8/5, House List No.1B, Katha No.117/69/1) measuring 6,400 sq. ft., in all measuring 9600 sq. ft., situated in Roopena Agrahara village, Beguru Hobli, Bengaluru South Taluk. The respondent had entered into an agreement of sale and a construction agreement with the petitioner to construct and sell Flat No.404 in 4th floor. Clause 14 of the Construction Agreement contains an arbitration clause. Admittedly, the dispute between the parties has arisen thereafter. The petitioner sent a notice to the respondent on 16.07.2018. However, no response was received from the respondent. In the aforesaid factual background, this petition has been filed.