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2025 DAILYLAW 54553 (KAR)

M/S. BHUMIKA NORTH GARDENIA v. MR. A. BASAVARAJ

CMP/12/2024 · 2025-11-21

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48900 CMP No. 12 of 2024 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. 12 OF 2024 BETWEEN: M/S. BHUMIKA NORTH GARDENIA HAVING PARTNERSHIP FIRM AT NO. 435, BALAJI GOKULA, 4TH D MAIN, 12TH CROSS, WOC ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086, REPRESENTED BY R. ASHWATHAPPA. …PETITIONER (BY *SRI. SUSHAL TIWARI N., ADVOCATE) AND: 1. MR. A. BASAVARAJ AGED ABOUT 63 YEARS, SON OF H. ANJINAPPA, 2. MRS. SAVITHA AGED ABOUT 43 YEARS, DAUGHTER OF A. BASAVARAJ, 3. MRS. LAXMI AGED ABOUT 38 YEARS, DAUGHTER OF A. BASAVARAJ, 4. MR. KISHORE KUMAR AGED ABOUT 41 YEARS, SON OF A. BASAVARAJ, 5. M/S. DEVTREE CORP LLP A COMPANY REGISTERED UNDER THE *Deleted vide Court order dated 05.12.2025 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48900 CMP No. 12 of 2024 COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 1140, SECTOR - 15 B, CHANDIGARH - 160015, REP. BY ITS AUTHORIZED REPRESENTATIVE, MR. ANAND KULKARNI. …RESPONDENTS (BY SRI. HIRAN KRISHNASWAMY., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) READ WITH SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR WITH DIRECTION TO ENTER REFERENCE IN TERMS OF CLAUSE 19 OF AGREEMENT TO SELL DATED 16.10.2020 PRODUCED AS ANNEXURE A AND AS PER THE ARBITRATION NOTICE DATED 02.11.2023 ISSUED BY THE PETITIONER AS AT ANNEXURE E AND ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS AND ETC. THIS CMP, 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 a sole arbitrator with direction to enter reference in terms of Clause 19 of Agreement to Sell dated 16.10.2020 produced as ANNEXURE A and as per the Arbitration Notice dated 02.11.2023 issued by the Petitioner as at ANNEXURE E and adjudicate the dispute between the Petitioner and the Respondents; b. Appoint either Arbitration Centre Bengaluru or such other institution as this Hon'ble Court may deem fit as the arbitral institution to conduct the said arbitration proceedings; and c. Pass such other order(s) as this Hon'ble Court deems fit to grant in the circumstances of the case, - 3 - HC-KAR NC: 2025:KHC:48900 CMP No. 12 of 2024 including an order as to the costs of the present Petition, in the interest of justice and equity. 2. A tentative agreement arrived at between the parties has been placed on record vide memo dated 21.11.2025. 3. After argument, both the counsels submit that Shri Justice A.V.Chandrashekhar, former Judge of this Court may be appointed as sole arbitrator to arbitrate the dispute between the parties. 4. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. Shri Justice A.V.Chandrashekhar, former Judge of this Court is appointed as a sole arbitrator to arbitrate the dispute between the parties. iii. The parties shall appear on the date, time and venue fixed by learned arbitrator. Page No.3 is retyped and replaced vide Court Order dated 05.12.2025 - 4 - HC-KAR NC: 2025:KHC:48900 CMP No. 12 of 2024 iv. Registrar (Judicial) is directed to forward a copy of this order to the Hon'ble Shri Justice A.V.Chandrashekhar, a former Judge of this Court at his Home Office. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 76 Page No.4 is retyped and replaced vide Court Order dated 05.12.2025