Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 41292 (KAR)

PARTHIV LAXMIKANT VARMA v. SMARTOWNER SERVICES INDIA PVT LTD

CMP/543/2025 · 2025-10-17

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41585 CMP No. 543 of 2025 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. 543 OF 2025 BETWEEN: PARTHIV LAXMIKANT VARMA S/O LAXMIKANT VARMA, AGED ABOUT 47 YEARS, PRESENTLY R/AT 4340 BUTLER NATIONAL ROAD, CORONA, CA 92883 USA PERMANENTLY RESIDING AT NO. 29, AMRAPALI SOCIETY, B/H KARELIBAUG COMPLEX, WATER TANK ROAD, KARELIBAUG, VADODARA, GUJARAT 390018 …PETITIONER (BY SRI. AYANTIKA MONDAL.,ADVOCATE) AND: 1. SMART OWNER SERVICES INDIA PVT LTD REP BY ITS DIRECTORS 2. MR VINAY 3. MR SRINVIASAN NEERAJA 4. MS DIANA MATHEW ALL ARE HAVING REGISTERED OFFICE ADDRESS AT 8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, WHITEFIELD, BENGALURU - 560066 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41585 CMP No. 543 of 2025 …RESPONDENTS (BY SRI. .,ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILLIATION ACT, 1996 PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL BY APPOINTING ANY SUITABLE PERSON AS THE ARBITRATOR ON BEHALF OF PETITIONER AND THE RESPONDENTS FRO THE RESOLUTION OF THE DIFFERENCES AND CLAIMS THAT HAVE ARISEN BETWEEN THE PARTIES IN CONNECTION WITH THE SAID SERVICE AGREEMENT DATED 17.10.2022, AS PER THE ARBITRATION CLAUSE IN CLAUSE NO.8 OF THE SERVICE AGREEMENT IN ANNEXURE – G AND ETC. THIS CMP, COMING ON FOR ORDERS, 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. Constitute an Arbitral Tribunal by appointing any suitable person as the Arbitrator on behalf of petitioner and the Respondents for the resolution of the differences and claims that have arisen between the parties connection with the said service agreement dated 17.10.2022 as per the Arbitration Clause in Clause No.8 of the service agreement in Annexure-G. b. Pass such other order and further orders and directions as this Hon’ble Court may deem fit and proper in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:41585 CMP No. 543 of 2025 2. There is no agreement between the petitioner and Respondents No.2 and 3. In that view of the matter, the office objection is upheld. Respondents No.2 and 3 are deleted from the array of parties. 3. A perusal of the legal notice which had been issued indicates that there is no nomination of an Arbitrator which has been made. 4. Reserving liberty to the petitioner to issue a fresh notice nominating an Arbitrator, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 120