High Court of Karnataka Considers Multiple Petitions for Arbitrator Appointment in BBMP Contract Disputes. Petitioners Seek Independent Arbitrator Under Section 11 of Arbitration Act for Claims Under Clause 10 of Agreement Dated 15.03.2007.

High Court: Karnataka High Court Bench: BENGALURU
  • 152
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Case Note & Summary

The matter involves multiple Civil Miscellaneous Petitions (CMP) filed before the High Court of Karnataka under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996. The petitioners are individuals who entered into an agreement dated 15-03-2007 with the Bruhat Bangalore Mahanagara Palike (BBMP) for various works identified by package numbers. Disputes arose regarding claims preferred by the petitioners on various dates in 2009, 2010, and 2011. Clause 10 of the agreement provided for arbitration. The petitioners sought the court's intervention to appoint an independent arbitrator to resolve the claims. The petitions were heard together by a single judge. However, the provided text does not include any further factual background, arguments, court analysis, or final decision; it only lists the parties, advocates, and the prayer for appointment of an arbitrator. No judgment or order is excerpted.

Headnote

A) Arbitration Law - Appointment of Arbitrator - Section 11(5) and (6) of Arbitration and Conciliation Act, 1996 - Petitions filed seeking appointment of independent arbitrator under Clause 10 of agreement dated 15-03-2007 - No final decision, reasoning, or paragraph references available in the provided text.

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Issue of Consideration

Whether an independent arbitrator should be appointed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 to adjudicate claims arising under Clause 10 of the agreement dated 15-03-2007

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Law Points

  • Arbitration clause invoked for appointment of arbitrator under Section 11(5) and (6) of Arbitration and Conciliation Act
  • 1996
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Case Details

2015 LawText (KAR) (04) 29

C.M.P. No. 14/2012 C/W C.M.P. Nos. 102/2014, 103/2014, 104/2014, 105/2014, 106/2014, 107/2014, 108/2014, 128/2014, 85/2014, 86/2014, 89/2014, 90/2014, 91/2014, 135/2014, 136/2014, 137/2014, 138/2014, 139/2014, 140/2014, 141/2014, 142/2014, 143/2014, 144/2014, 145/2014, 87/2014, 88/2014

2015-03-17

Aravind Kumar

Udaya Holla, Prakash M Patil, V. Lakshminarayana, T. Mohandas Shetty, Vikram Balaji B.L., S.N. Prashanth Chandra

B R Ganesh and others (32 petitioners in CMP 14/2012) and individual petitioners in connected CMPs

Commissioner, Bruhat Bangalore Mahanagara Palike (BBMP)

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Nature of Litigation

Petition for appointment of arbitrator

Remedy Sought

Petitioners seek appointment of an independent arbitrator to decide claims

Filing Reason

Claims arose under agreement dated 15-03-2007 containing arbitration clause (Clause 10)

Issues

Whether an independent arbitrator should be appointed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996

Procedural History

Multiple Civil Miscellaneous Petitions filed under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, clubbed together and listed for hearing on 17-03-2015 before Justice Aravind Kumar.

Acts & Sections

  • Arbitration and Conciliation Act, 1996: 11(5), 11(6)
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