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2025 DAILYLAW 42301 (KAR)

LAKSHYA ELECTRICALS PRIVATE LIMITED v. TERRA BESPOKE BUILD PRIVATE LIMITED

CMP/610/2025 · 2025-11-21

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48357 CMP No. 610 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. 610 OF 2025 BETWEEN: 1. LAKSHYA ELECTRICALS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO. 24 11TH A CROSS, SIR M.V. LAYOUT VIDYARANYAPURA BENGALURU 560097 REP. BY ITS DIRECTOR MR. SATISH RAO …PETITIONER (BY SMT. ANUSHA DEVI. H.,ADVOCATE) AND: 1. TERRA BESPOKE BUILD PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT QUEST OFFICES, 10TH FLOOR RAHEJA TOWERS, MG ROAD BENGALURU 560001 REP. BY ITS MANAGING DIRECTOR MR. SACHIN JALAN …RESPONDENT THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT THE ARBITRATOR AS SUGGESTED ABOVE AT PARAGRAPH 12 OR ANY OTHER ARBITRATOR BETWEENT HE PARTIES UNDER CLAUSE 14.2 OF THE SUB-CONTRACTORS AGREEMENT DATED 18.12.2023 AT ANNEXURE A FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES TO BE CONDUCTED AT THE ARBITRATION CENTRE OF KARNATAKA AT BENGALURU IN ACCORDANCE WITH THE ARBITRATION CENTRE KARNATAKA (DOMESTIC AND INTERNATIONAL) RULES, 2012. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48357 CMP No. 610 of 2025 THIS PETITION, COMING ON FOR FINAL HEARING, 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 relief’s; Appoint The Arbitrator As Suggested Above At Paragraph 12 Or Any Other Arbitrator Betweent He Parties Under Clause 14.2 Of The Sub-Contractors Agreement Dated 18.12.2023 At Annexure A For Adjudication Of Disputes That Have Arisen Between The Parties To Be Conducted At The Arbitration Centre Of Karnataka At Bengaluru In Accordance With The Arbitration Centre Karnataka (Domestic And International) Rules, 2012. 2. The contention of the petitioner is that the Sub- contract service agreement between the petitioner and respondent is governed by an arbitration clause 14.2 which is reproduced hereunder for easy reference: Arbitration The Parties agree that they shall in good faith work towards implementation of this Agreement and any dispute arising out of or in relation to this Agreement shall be referred to Arbitration to be conducted by a Sole Arbitrator. Such Sole Arbitrator shall be appointed as per the rules of Arbitration Centre-Karnataka as amended from time to time. The arbitration shall be held in - 3 - HC-KAR NC: 2025:KHC:48357 CMP No. 610 of 2025 Bangalore, India and shall be conducted in English. The decision of the Sole Arbitrator shall be written, reasoned, final, binding and conclusive on the Parties, and judgment thereon may be entered in any court having jurisdiction over the Parties and the subject matter hereof. When any dispute is under arbitration, the Parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this Agreement during the pendency of the arbitration proceedings. During the conduct of Arbitration proceedings, the Parties hereto shall bear the cost of the proceedings. Eventually, all costs and expenses of the Arbitration shall be borne by such Party in such manner as awarded by the Arbitral Tribunal. 3. A perusal of the said clause indicates that arbitration has to be held as per the rules of the arbitration centre, Karnataka, attached to this Court. If that be so, it is for the petitioner to approach the arbitration centre for appointment of an arbitrator. 4. The present petition not being maintainable is disposed with liberty to the petitioner to approach the Arbitration centre for appointment of an arbitrator. SD/- (SURAJ GOVINDARAJ) JUDGE LN, List No.: 1 Sl No.: 75