IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 6th DAY OF JANUARY, 2014

BEFORE

THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

CMP NO.277 OF 2009

BETWEEN:

M/S. JASMINE ESTATES, (A REGISTERED PARTNERSHIP FIRM) HAVING ITS OFFICE AT NO.389/1, 7TH MAIN, 42ND CROSS, JAYANAGAR, BANGALORE – 560041 REP. BY ITS MANAGING PARTNER, MR. SREENIVASAN. … PETITIONER

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(BY SRI H.S.VIVEKANANDA, ADV.)

AND

• 1 MR. A.SHAKEER HUSSAIN, S/O LATE MR.AMEER SAB AGED ABOUT 48 YEARS, RESIDING AT ANJANAPURA VILLAGE, ANJANAPURA POST, UTTARAHALLI HOBLI, BANGALORE – 560 062.

• 2 MR.B.GURUNATH REDDY, S/O MR.B.LAKSHMANA AGED ABOUT 43 YEARS, RESIDING AT ARVIND NAGAR, ANANTHPUR, ANDHRA PRADESH.

• 3 MR.KONDURU VENUGOPAL REDDY, S/O MR.K.NARAYAN REDDY, AGED ABOUT 42 YEARS, RESIDING AT BOREDDY PALLI VILLAGE, PARIGI MANDAL, ANANTHPUR DISTRICT, ANDHRA PRADESH.

• 4 MR. M.DEVENDRA, S/O LATE MR. V.MUNI REDDY, AGED ABOUT 45 YEARS, RESIDING AT NO.2454, 17TH 'B' CROSS, 9TH MAIN, BSK II STAGE, BANGALORE – 560 070. … RESPONDENTS

(BY SRI A.SHIVARAMA, ADV. FOR R3 V/O DATED 5.11.13 PETITION AGAINST R1 & 4 STANDS DISMISSED V/O DTD. 18.3.13, SERVICE HEDL SUFFICIENT IN R/O R2)

THIS CMP IS FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

ORDER

There is no dispute that the Memorandum of Understanding provides for a clause for arbitration under the Arbitration and Conciliation Act by appointment of an Arbitrator to arbitrate over the

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disputes arisen between parties in terms of the said Memorandum of Understanding.

2. Learned counsel for the parties submit that the Court may appoint an arbitrator of its choice from out of the list of arbitrators on the panel of the Bangalore Arbitration Centre.

3. In that view of the matter, Sri.Justice R.Gururajan, Former Judge of this Court is appointed as an arbitrator and requested to enter upon reference and conduct the arbitration proceedings at the Bangalore Arbitration Centre, in accordance with Arbitration Centre-Karnataka (Domestic and International) Rules, 2012.

The petition is accordingly disposed of.

Sd/- JUDGE

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