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2025 DAILYLAW 41033 (KAR)

MAHINDRA AND MAHINDRA LIMITED (M AND M) v. RENOWN HOTELS AND RESORTS PRIVATE LIMITED

CMP/687/2022 · 2025-10-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41491 CMP No. 687 of 2022 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. 687 OF 2022 BETWEEN: MAHINDRA AND MAHINDRA LIMITED ('M AND M') REGISTERED OFFICE AT GATEWAY HOUSE, APOLLO BUNDER, MUMBAI-400 001, MAHARASHTRA. REP. BY ITS AUTHORIZED SIGNATORY/ POWER OF ATTORNEY HOLDER MR. NAGARAJA RAO, SENIOR GENERAL MANAGER, KANDAVALI, MUMBAI. …PETITIONER (BY SRI HARISHA H.V, ADVOCATE) AND: 1. RENOWN HOTELS AND RESORTS PRIVATE LIMITED, (CIN) U85110KA1993PTC014756, OFFICE AT NO.50 (OLD NO.98), GOLD TOWER, 3RD FLOOR, RESIDENCY ROAD, BENGALURU-560025. KARNATAKA. BY ITS MANAGING DIRECTOR MS. KUSUM TAYAL. 2. MS. KUSUM TAYAL, RENOWN HOTELS AND RESORTS PRIVATE LIMITED, (CIN)U85110KA1993PTC014756, OFFICE AT NO.50 (OLD NO.98), GOLD TOWER, 3RD FLOOR, RESIDENCY ROAD, BENGALURU-560025, KARNATAKA. …RESPONDENTS (BY SMT. AKSHATHA SHETTY K, ADVOCATE FOR R-1 & R-2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41491 CMP No. 687 of 2022 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO AN ORDER A)APPOINTING AN ARBITRATOR TO ARBITRATE / RESOLVE THE DISPUTES BETWEEN THE PARTIES IN AN EXPEDITIOUS MANNER AS PER THE CLAUSE -20 OF LEASE DEED DATED 26/07/2017, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.Mahesh.A.S., learned counsel has entered appearance by filing vakalathnamma without NOC. Sri.Harish.H.C., learned counsel submits that he has no objection for Sri.Mahesh.A.S., learned counsel to appear. Hence, the vakalathnamma filed by Sri.Mahesh.A.S., learned counsel is accepted. Registry is directed to delete the name of Sri.Harish. H.C. and he is discharged from the matter. 2. The petitioner is before this Court seeking for the following reliefs; a. "Appointing an Arbitrator to arbitrate / resolve the disputes between the parties in an expeditious manner as per the Clause -20 of Lease Deed dated 26/07/2017, vide Annexure-A. b. And grant such other order or relief as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:41491 CMP No. 687 of 2022 3. Both the counsels submit that a retired District Judge could be appointed as a sole arbitrator to arbitrate disputes between the parties. Hence, I pass the following; ORDER i. The CMP is allowed. ii. D.T.Puttarangaswamy, a former District Judge of the District Judiciary of the 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. Both the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 1.30 P.M. on 03.11.2025. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 27