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2025 DAILYLAW 22341 (KAR)

M/S N D PROPERTIES PVT LTD v. SRI B C THIMMARAYAPPA

CMP/225/2022 · 2025-01-17

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:2038 CMP No. 225 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL MISC. PETITION NO. 225 OF 2022 BETWEEN: 1. M/S N.D. PROPERTIES PVT LTD A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS OFFICE AT NO.398 2ND FLOOR, 7TH CROSS, MICO LAYOUT BTM 2ND STAGE, BANGALORE-76 REPTD BY ITS MANAGING DIRECTOR M.K.K. DURANI …PETITIONER (BY SRI. RAVIKUMAR .M, ADVOCATE) AND: 1. SRI. B.C. THIMMARAYAPPA S/O LATE CHANNAMARAPPA AGED ABOUT 57 YEARS 2. CHAITRA D/O B.C. THIMMARAYAPPA AGED ABOUT 28 YEARS 3. SUSHMA D/O B.C. THIMMARAYAPPA AGED ABOUT 26 YEARS 4. THILAK S/O B.C. THIMMARAYAPPA AGED ABOUT 24 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2038 CMP No. 225 of 2022 ALL ARE RESIDING AT BABASAHEBARAPALYA KENGERI UPANAGARA KENGERI HOBLI, BANGALORE-560 060. …RESPONDENTS (BY SRI. D.L. JAGADISH, SENIOR ADVOCATE FOR SMT. RAKSHITHA .D.J, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6)(A) OF TE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT AN ARBITRATOR TO RESOLVE THE EXISTING DISPUTE BETWEEN THE PARTIES HEREIN IN THE TERMS OF ARBITRATION CLAUSE CONTAINED IN THE JDA DATED 24.04.2008 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This Civil Miscellaneous Petition is filed under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of sole Arbitrator to resolve the dispute and difference between the parties in terms of Joint Development Agreement dated 24.04.2008 evidenced at Annexure-A. 2. Today, learned counsel for the parties have filed a joint compromise petition indicating that the matter has - 3 - NC: 2025:KHC:2038 CMP No. 225 of 2022 been settled out of Court. Said joint compromise petition is taken on record. 3. In view of settlement, the civil miscellaneous petition stands dismissed as withdrawn. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 100