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2025 DAILYLAW 22285 (KAR)

MRS. RUKMINI. N v. M/S. ANVI DEVELOPERS.,

CMP/197/2025 · 2025-06-09

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19366 CMP No. 197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 197 OF 2025 BETWEEN: MRS. RUKMINI. N D/O. LATE SRI. SRI. NARAYANA MANDRI AGED ABOUT 57 YEARS, RESIDING AT NO.19 AND 20, MOTTAPPANAPALYA, INDIRANAGAR POST, BANGALORE-560038 …PETITIONER (BY SRI. SRINATH A.R., ADVOCATE FOR SRI. MANJUNATHA G.,ADVOCATE) AND: M/S. ANVI DEVELOPERS., REPRESENTED BY ITS PROPRIETOR, SRI. ARUN KUMAR, S/O. N GOPAL SUVARNA, AGED ABOUT 50 YEARS HAVING OFFICE AT 3RD FLOOR, ASHWNI COMPLEX, CMH ROAD, INDIRANAGAR, BENGALURU -560038 …RESPONDENT THE CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19366 CMP No. 197 of 2025 PRAYING TO APPOINT ANY LOEARNED RETIRED DISTRICT JUDGE AS ARBITRATOR TO REDRESS THE EXISTING DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT AS PER THE SEC.11(6) OF ARBITRATION AND CONCILIATION ACT AND FURTHER BE PLEASED TO GRANT SUCH OTHER APPROPRIATE ORDERS, RELIEFS, DIRECTIONS AS THE CASE MAY BE DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AS MENTIONED IN CLAUSE 16 OF JOINT DEVELOPMENT AGREEMENT AT ANNEXURE-A DATED 3.09.2016. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who relies upon an agreement for arbitration in the Joint Development Agreement dated 03.09.2016, has caused Legal Notice dated 14.03.2025 calling upon the respondent, among others, to agree upon mutual appointment of a Sole Arbitrator. However, the petitioner has not indicated her nominee. If the petitioner has not indicated her nominee in calling upon the respondent to agree for the appointment of a Sole Arbitrator, notice will not - 3 - HC-KAR NC: 2025:KHC:19366 CMP No. 197 of 2025 meet the requirements of Section 21 of the Arbitration and Conciliation Act, 1996. Hence, the petition stands disposed of, subject to all just exception, and reserving liberty to the petitioner to cause fresh notice and approach this Court, if there is occasion for the same. Sd/- (B M SHYAM PRASAD) JUDGE RB