SRICHAND MURLIDHAR HUF, ASHOK SRICHAND HUF, S. AMARLAL S/O. LATE SEWARAM HIRANAND AND AASHISH AMARLAL HUF REP. BY THIS KARTA AASHISH AMARLAL S/O. S. AMARLAL Vs. N. SHIVA SWAMY S/O. NINGE GOWDA

JUDGEMENT

(1.) PETITIONERS are the licensors, whereas the Respondent is the licensee of the schedule property. 'Leave and Licence Agreement' was entered into between the parties as per Annexure -A on 24.6.2007. Pursuant to the said Agreement, the Respondent has entered into the possession of the property. He agreed to pay certain licence fee as per the condition found in the Agreement. However, the disputes have arisen between the parties, inasmuch as the Respondent has allegedly not paid the licence fee. There was exchange of notices between the parties. However, the disputes arisen with regard to payment of licence fee, between the parties are not settled. Ultimately, notice dated 1.4.2010 as per Annexure -D, came to be issued to the Respondent invoking the Arbitration Clause. But no useful purpose is served. Hence, this petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 praying for appointment of Arbitrator for adjudication of the disputes between the parties.

(2.) FROM the above, it is clear that the disputes have arisen between the parties and same are not yet settled. Petitioners sent notice to the Respondent invoking Arbitration Clause. However, the Respondent did not agree for the same. The Respondent though is represented, has not filed the statement of objections to this petition. Clause 11 of the Agreement deals with Dispute Resolution. Clause 11.4 specifies that in case of any failure by the parties, to appoint an

(3.) SRI Kukkaje Ramakrishna Bhat, Retired District and Sessions Judge, F -113, 4C, 4th Floor, Central Chambers, 2nd Main Road, Gandhinagar, Bangalore -560 009, is appointed as Sole Arbitrator, to resolve the dispute between the parties. The learned Arbitrator, on receipt of a copy of this order, shall enter upon the reference, issue notice to the parties and then proceed to resolve the dispute, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.