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2025 DAILYLAW 51726 (KAR)

SRI MUNIHANUMIAH @ THAMMIAH v. MR. KISHORE BABU

CMP/474/2025 · 2025-08-19

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32079 CMP No. 474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.474 OF 2025 BETWEEN: 1. SRI. MUNIHANUMIAH @ THAMMIAH SON OF LATE SRI. MALLAIAH, AGED ABOUT 80 YEARS, 2. SRI. HANUMANTHARAYAPPA SON OF MUNIHANUMIAH @ THAMMIAH, AGED ABOUT 56 YEARS, 3. SRI. KRISHNAMURTHY SON OF MUNIHANUMIAH @ THAMMIAH, AGED ABOUT 50 YEARS, 4. SRI. MALLAPPA SON OF MUNIHANUMIAH @ THAMMIAH, AGED ABOUT 46 YEARS, ALL ARE RESIDING AT MUDDAIANAPALLYA HOBLI, HESSARGHATTA HOBLI, BENGALURU NORTH TALUK-560089. &PETITIONERS (BY SRI. ROHAN HOSMATH, ADVOCATE) AND: 1. MR. KISHORE BABU SON OF SRI. B. RANGAIAH, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32079 CMP No. 474 of 2025 RESIDING AT S1, B BLOCK, 2152/4, 2152/5, STERLING TULIPS APARTMENT, SAHAKARNAGAR, BENGALURU-560 092. ALSO AT PLOT NO.803/2 AND 3, VIVEKANANDA NAGAR COLONY, KUKAPALLY, HYDERABAD-500 072. 2. MR. DANDU MURALI SON OF BALAKRISHNA REDDY, RESIDING AT SARADHA NAGAR, CHILLAKUR, POTUPELAM (PANCHAYAT), GURDUR (M), SPSR NELLORE DISTRICT, ANDHRA PRADESH-524 001. &RESPONDENTS (BY SRI. SEENAPPA K., ADVOCATE) THIS CMP FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR IN REFERENCE TO THE DISPUTE HAVING ARISEN BETWEEN THE PETITIONERS AND RESPONDENTS IN TERMS OF THE SALE AGREEMENT DATED 12.04.2019 BEARING CERTIFICATE NO. IN KA914620202B7523R, VIDE ANNEXURE A AS PER ARBITRATION CLAUSE IN PARA NO. 14 SUCH OTHER CONSEQUENTIAL ORDER AS MAY BE NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32079 CMP No. 474 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Sale Agreement dated 12.04.2019 in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 8Act9). 2. Heard the learned counsel appearing for the parties. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, and upon perusal of Arbitration Clause in paragraph 14 of the Sale Agreement dated 12.04.2019, I am of the considered opinion that, an Arbitrator is to be - 4 - HC-KAR NC: 2025:KHC:32079 CMP No. 474 of 2025 appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition filed under Section 11 (6) of the Act, 1996 is allowed. Hon'ble Justice, Sri. Rajendra Badamikar, Former High Court Judge, is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/kept open to be decided by the Arbitral Tribunal. 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre (Domestic & International), Khanija Bhavan, Bengaluru, for proceeding further in the matter. - 5 - HC-KAR NC: 2025:KHC:32079 CMP No. 474 of 2025 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 22.09.2025 at 11.00 am, without waiting for further notice in this regard. (this condition is optional as per dictation of the Judge) SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 4