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NC: 2024:KHC-D:10807
CMP No. 100023 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CIVIL MISC PETITION NO. 100023 OF 2022 (-)
BETWEEN:
GOPAL S/O. VENKATRAMAN HEGDE,
AGED 64 YEARS, OCC: AGRICULTURE,
R/O. HASPUR, TQ: YELLAPUR,
DIST: UTTARA KANNADA-581347.
…PETITIONER
(BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
1. SUBRAY S/O. VENKATRAMAN HEGDE,
AGED 81 YEARS, OCC: AGRICULTURE,
R/O. HASPUR, PO. CHAVATTI,
TQ: YELLAPUR, DIST: UTTARA KANNADA-581347.
2. HARIHAR S/O. VENKATRAMAN HEGDE,
AGED 64 YEARS, OCC: AGRICULTURE,
R/O. HASPUR, PO. CHAVATTI,
TQ: YELLAPUR, DIST: UTTARA KANNADA-581347.
3. NARASIHMA S/O. VENKATRAMAN HEGDE,
GIRIJA A
BYAHATTI
AGED 65 YEARS, OCC: AGRICULTURE,
R/O. HASPUR, PO. CHAVATTI,
Location: HIG H
COURT OF
TQ: YELLAPUR, DIST: UTTARA KANNADA-581347.
KARANTAKA
DHARWAD
BENCH
4. F.M. SHRIDHAR S/O. NARAYAN BHAT,
AGED 57 YEARS, OCC: AGRICULTURE,
R/O. DANDIGESAR, PO. HASANAGI,
TQ: YELLAPUR, DIST: UTTARA KANNADA-581347.
5. CHANDRAVATI W/O. VISHWESHWAR HEGDE,
AGED 72 YEARS, OCC: HOUSEWIFE,
R/O. SHIMBGALAR, PO. NANDOLLI,
TQ. YELLAPUR, DIST: UTTARA KANNADA-581359.
6. SHUBHA W/O. TAMMAN RAO,
AGED 25 YEARS, OCC: HOUSEWIFE,
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NC: 2024:KHC-D:10807
CMP No. 100023 of 2022
R/O. HEGGOD, TQ: SAGAR,
DIST: SHIVAMOGGA-577429.
…RESPONDENTS
(BY SRI. A.P. HEGDE JANMANE, ADV. FOR R1 & R2;
R3-R6 ARE SERVED)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER
SECTION 11(5) AND (6) OF ARBITRATION AND CONCILIATION ACT,
1996 TO APPOINT ARBITRATORS TO ADJUDICATE THE
APPORTIONMENT OF MOVABLES AND AMOUNT DEPOSITED IN
ACCOUNT NO.89 OF HULUGOL SEVA SAHAKARI SANGH.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
This petition is filed praying this Court to appoint an
arbitrator to adjudicate the apportionment of movables
and amount deposited in account No.89 of Hulugol Seva
Sahakari Sangha and grant such other relief.
2. It is stated in the petition that the petitioner has
filed a petition under Section 54 of Code of Civil
Procedure, 1908 in FDP No.2/2012 before the Senior Civil
Judge, Sirsi seeking enforcement of preliminary decree
passed in O.S. No.48/2007. The matter is compromised
between the parties in the said proceedings. Since the
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NC: 2024:KHC-D:10807
CMP No. 100023 of 2022
compromise decree contains arbitration clause, petitioner
sent a notice to the opponent suggesting the names of
three persons to appoint as arbitrators for apportionment
of movables and amount deposited in account No.89 of
Hulugol Seva Sahakari Sangha. One Sri Narasimha S/o.
Ganesh Hegde, is one of the arbitrators named in the
petitioner’s notice who sent a reply stating that he is ready
to act as an arbitrator if the other parties agrees and
consents for the same. The other person Sri Gajanan S/o.
Narayan Hagde is also one of the arbitrators named in the
petitioner’s notice who sent a reply stating that he
represented one of the parties as an Advocate and hence,
he is not ready to act as arbitrator. Hence, respondent
No.1 issued reply stating that the person named in the
notice as arbitrator at Sl.No.A) is his Advocate and he
cannot act as arbitrator and suggest another name as
arbitrator. Respondent No.2 issued reply stating that the
person named in the notice as arbitrator at Sl.No.A) is an
Advocate represented the respondent No.1 and he cannot
act as arbitrator and suggest another name. Hence, the
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NC: 2024:KHC-D:10807
CMP No. 100023 of 2022
present petition is filed before this Court for the
appointment of arbitrator.
3. The counsel appearing for the respondent Nos.1
and 2 orally opposes the prayer sought in the petition.
4. It is not in dispute that the decree passed in FDP
is a compromise decree in which amount in account No.89
has to be apportioned and also the movables have to be
shared as per the decision of the panchas. The clause
No.16 is very clear with regard to the said fact. When such
being the material on record and even the petitioner also
issued notice on 21.09.2021 suggesting the names of
three persons and when one of the arbitrator is not ready
to act as arbitrator and other two persons namely
Sri Ramachandra S/o. Shivaraj Hegde and Sri Narasimha
S/o. Ganesh Hegde are to be appointed as arbitrators in
order to carry out the decree of compromise between the
parties.
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NC: 2024:KHC-D:10807
CMP No. 100023 of 2022
5. However, the counsel for respondents submits
that unless the arbitrators are appointed, it cannot be
completed the division of movable properties as well as
the amount in the account No.89. Hence, there is a force
in the contention of the petitioner’s counsel that both
persons named in the notice are to be appointed as
arbitrators to carry out the decree.
6. In view of the discussions made above, I pass the
following:
ORDER
(i) Writ Petition is allowed.
(ii) Sri Ramachandra S/o. Shivaraj Hegde and
Sri Narasimha S/o. Ganesh Hegde are
appointed as arbitrators to carry out the decree
of compromise between the parties.
Sd/-
(H.P.SANDESH)
JUDGE
NAA
CT-MCK
List No.: 1 Sl No.: 45