Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35565 CMP No. 51 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 51 OF 2025 BETWEEN:
GREEN OCEAN REALTY LLP A LIMITED LIABILITY PARTNERSHIP HAVING ITS OFFICE AT 3RD FLOOR, NO.33, SHRAVANEE PREMIER 100 FEET ROAD, 2ND BLOCK, JAYANAGAR BENGALURU - 560 011
REPRESENTED BY ITS DESIGNATED PARTNER MR. PRATAP VIJAY SIMHA E. …PETITIONER (BY SRI. VIVEK B.R., ADVOCATE) AND:
O B ESHA AGED ABOUT 54 YEARS, S/O LATE MR.BASAVARAJAPPA RESIDING AT SANGAMESHWARA NILAYA, SANJEEVINI BATIK CENTRE HEBBALA ROAD, OORUKERE TUMKUR - 572 106 …RESPONDENT (BY SRI. KASHINATH J.D., ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT HONBLE MR. V.V. ANGADI (RETD. DISTRICT JUDGE,) OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35565 CMP No. 51 of 2025
TERMS OF CLAUSE 12.2 OF THE AGREEMENT TO SELL DATED 16.03.2025 (ANNEXURE A) HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER Heard learned counsel appearing for the parties.
2. This petition filed by the petitioner seeking appointment of Arbitrator to decide the dispute that has arisen between the parties as per the provisions of the Arbitration and Conciliation Act, 1996 under Clause-12.2 of Agreement to Sell dated 16.03.2024 at Annexure-A.
3. Having heard the learned counsel for the petitioner and on perusal of Clause-12.2 of the Agreement to Sell dated 16.03.2024 (Annexure-A), I am of the view that, the petitioner has made out a case for appointment of Arbitrator for resolution of the dispute between the parties.
4. In that view of the matter, Justice Sri.Sreenivas Harish Kumar, former Judge of this Court, is appointed as Sole Arbitrator for resolution of the dispute between the parties. Since the parties are represented through their counsel, in
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HC-KAR NC: 2025:KHC:35565 CMP No. 51 of 2025
order to avoid further delay in matter, the parties are directed to appear before Arbitration and Conciliation Centre, Bengaluru on 30.10.2025 at 11 a.m. Accordingly, Civil Miscellaneous Petition is disposed of.
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 & International), Khanija Bhavan, Bengaluru for proceeding further in the matter.
7. Registry is directed to return all original documents produced by the parties after obtaining photostat copy of the same.
SD/- (E.S.INDIRESH) JUDGE
TIN List No.: 1 Sl No.: 24 CT-SG