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2025 DAILYLAW 55196 (KAR)

M/S VIRGINIA DEVELOPERS PVT LTD v. M/S PARADISE FOOD COURT PRIVATE LIMITED

CMP/425/2023 · 2025-09-09

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35383 CMP NO.425 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.425 OF 2023 BETWEEN: M/S VIRGINIA DEVELOPERS PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT: NO.2981, 12TH MAIN, INDIRANAGARA, BENGALURU - 560 038. REP. BY ITS GENERAL MANAGER, MR. DHARMARAJ T. …PETITIONER (BY SRI. NIROOP SUKIRTHY V., ADVOCATE FOR SRI. T.S. VENKATESH AND MADHU J.A., ADVOCATE) AND: M/S PARADISE FOOD COURT PRIVATE LIMITED A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: NO.1-7-186 TO 193, PARADISE CIRCLE, S.D. ROAD, SECUNDERABAD - 500 003. REP. BY ITS MANAGING DIRECTOR AND HEAD LEGAL. ALSO HAVING THE BUSINESS OUTLET IN PORTIONS OF GROUND AND FIRST FLOOR, VIRGINIA MALL, RAMAGONDANAHALLI VILLALGE, VARTHUR HOBLI, HAVING KHATHA NO. 739/639/20, 11 AND 12, BENGALURU - 560 066. REP. BY ITS MANAGING DIRECTOR AND HEAD LEGAL. …RESPONDENT (BY SRI. AHAAN MOHAN, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35383 CMP NO.425 OF 2023 THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO CONSTITUTE AN ARBITRAL TRIBUNAL OF SOLE ARBITRATOR TO DECIDE THE MATTER IN ISSUE BETWEEN THE PETITIONER AND RESPONDENT IN ACCORDANCE WITH LAW IN TERMS OF CLAUSE 25 OF THE REGISTERED LEASE DEED DATED 12TH AUGUST, 2015 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, seeking to appoint a sole Arbitrator to decide the dispute between the petitioner and the respondent in terms of clause 25 of the registered Lease Deed dated 12th August, 2015 (Annexure-A). 2. Heard Sri. Niroop Sukirthy V., learned counsel on behalf of Sri. T.S. Venkatesh and Sri. Madhu J.A., appearing for the petitioner and Sri. Ahaan Mohan, learned counsel appearing for the respondent. 3. Having taken note of the submission made by learned counsel appearing for the parties, I am of the view that, a retired District Judge be appointed as Arbitrator to resolve the dispute between the parties. - 3 - HC-KAR NC: 2025:KHC:35383 CMP NO.425 OF 2023 4. Therefore, Sri. H.V. Ramachandra Rao, District Judge (Retired) is appointed as Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. 5. All claims and contentions of the parties are 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 and International), Khanija Bhavan, Bengaluru for proceeding further in the matter. 7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 21