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2025 DAILYLAW 40852 (KAR)

M/S NANDI ASSOCIATES v. SMT. C R SUDHA

CMP/119/2025 · 2025-11-21

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48324 CMP No. 119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 119 OF 2025 BETWEEN: 1. M/S NANDI ASSOCIATES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 11 1ST MAIN, 1ST CROSS, SUNDAR NAGAR GOKUL EXTENSION, BANGALORE 560054 REP BY ITS MANAGING PARTNER MR K V GANGAPPA …PETITIONER (BY SRI. SATYANAND B S., ADVOCATE) AND: 1. SMT. C R SUDHA W/O MR C B RAMESH AGED ABOUT 36 YEARS TRUSTEE 2. S D L EDUCATIONAL TRUST REGISTERED TRUST UNDER THE INDIAN TRUST ACT 3. MR C B RAMESH TRUSTEE AND PRINCIPAL OFFICER AGED ABOUT 45 YEARS 4. MR N C MAHANATESH TRUSTEE AND PRINCIPAL SECRETARY AGED ABOUT 50 YEARS 5. MR C B NAGARAJ TRUSTEE AGED ABOUT 43 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48324 CMP No. 119 of 2025 6. MR C N LAKSHMI TRUSTEE AGED ABOUT 38 YEARS ALL ARE WORKING GAIN AT M/S CHITTAKKI INTERNATIONAL SCHOOL MALEBENNUR TOWN HARIHARA TALUK 577530 …RESPONDENTS (BY SRI. S V PRAKASH., ADVOCATE FOR R1 TO R6) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT,1996 PRAYING TO APPOINT ANY RETIRED DISTRICT JUDGE RESIDING AT DAVANAGERE, KARNATAKA AS AN ARBITRATOR TO ADJUDICATE UPON THE DISPUTE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AS STIPULATED UNDER CLAUSE 23, OF THE AGREEMENT FOR CONSTRUCTION OF BUILDING DATED 15.06.2022 ANNEXURE-A AND 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. Appoint Any Retired District Judge Residing At Davanagere, Karnataka As An Arbitrator To Adjudicate Upon The Dispute Arisen Between The Petitioner And The Respondents As Stipulated Under Clause 23, Of The Agreement For Construction Of Building Dated 15.06.2022 Annexure-A; and b. Grant such other orders as deemed fit by this Hon’ble Court.” - 3 - HC-KAR NC: 2025:KHC:48324 CMP No. 119 of 2025 2. After arguing for some time, both the counsel submits that an Arbitrator functioning at Davanagere, will be appointed as sole Arbitrator to adjudicate the disputes between the parties. 3. In that view of the matter, I pass the following; ORDER i. The CMP is allowed. ii. Sri Eshwar Janthly, a former District Judge of the District Judiciary, State of Karnataka 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 & Conciliation Centre for doing the needful. iv. The parties shall appear before the learned Arbitrator on the date, time, and place as may be fixed by the Arbitrator. - 4 - HC-KAR NC: 2025:KHC:48324 CMP No. 119 of 2025 v. All contentions including arbitrability are left open to be decided by the learned Arbitrator. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 48