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2025 DAILYLAW 40151 (KAR)

SRI SURESH V S v. M/S UNISHIRESKYSCAPES LLP

CMP/335/2024 · 2025-10-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41608 CMP No. 335 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 335 OF 2024 (-) BETWEEN: SRI SURESH V S, S/O V S MURTHY, AGED ABOUT 56 YEARS, R/AT XXII ND CROSS, XXIII RD MAIN, NEAR BDA COMPLEX, BANASHANKARI II ND STAGE, BANGALORE-560070. …PETITIONER (BY SRI D N MANJUNATH, ADVOCATE) AND: 1. 2. M/S UNISHIRESKYSCAPES LLP, REP. BY ITS AUTHROISED SIGNATORY, MR. PRATIK K MEHTA, HAVING THEIR REGISTERED OFFICE AT NO. LXII, CASTLE STREET, ASHOK NAGAR, BANGALORE-560 025. EMAIL:ACCOUNTS@UNISHIRE.COM. M/S. S.A LIFESTYLE PRIVATE LIMITED, REP. BY MR. ABDUL LATEEF JABBAR, HAVING THEIR REGISTERED OFFICE AT NO.29/1, IIIRD FLOOR, XVTH CROSS, KANAKANAGAR, BANGALORE-560 032. *R-2 IS DELETED VIDE ORDER DATED 12.08.2024 …RESPONDENTS (BY SRI G.S.VENKAT SUBBARAO, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41608 CMP No. 335 of 2024 THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 2015, PRAYING THAT THIS HON'BLE COURT MAY KINDLY BE PLEASED TO GRANT THE FOLLOWING RELIEFS: 1 TO PASS AN ORDER BY APPOINTING AN ARBITRATOR AS PER THE PROVISIONS OF SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. To pass an order by appointing an arbitrator as per the provisions of section 11(6) of the arbitration and Conciliation Act. b. Direct both the parties to submit themselves before the arbitrator as per clause 25 (Twenty-Five) of the agreement of sale dated 18.08.2015 registered as document number 03111/15-16 in book I in the office of Gandhinagar sub-registrar on 20.10.2015 for adjudicaton of all the disputes thast has arisen between them as per Annexure A. c. To grant costs of this petition. d. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case." 2. After arguing for some time, both the counsel submit that Sri.Justice Ajit J. Gunjal, former judge of this - 3 - HC-KAR NC: 2025:KHC:41608 CMP No. 335 of 2024 Court, who has been appointed to arbitrate in a similar dispute by one other purchaser from respondent could be appointed as a sole arbitrator to arbitrate the dispute between the parties. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Sri.Justice Ajit J. Gunjal, former judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:41608 CMP No. 335 of 2024 without requirement of any notice on 03.11.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 63