Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30195 CMP No. 452 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 452 OF 2024
BETWEEN:
THE MYSORE PRANTHIYA PRIMARY SCHOOL TEACHERS HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, HAVING OFFICE AT ZILLA SIKSHANA SADANA, BANNUR ROAD, SIDDARTHA NAGAR, MYSORE - 570 011.
REPRESENTED BY ITS PRESIDENT, H.B.BASAVARAJU. …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1.
J. ACHUTANANDA AGED ABOUT 57 YEARS, S/O. JAVARAIAH,
2.
SMT. M.C.BHARATHI, MAJOR, W/O. J.ACHUTANANDA,
BOTH ARE RESIDING AT NO.3365, 6TH CROSS, 7TH MAIN, NEAR NETHAJI CIRCLE,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30195 CMP No. 452 of 2024
DATAGALLI IV STAGE, MYSORE.
PRESENTLY R/O NO.09, 7TH CROSS ROAD, MAHADESHWARA NAGAR, VIJAYANAGAR 2ND STAGE, DEVARAJ MOHALLA, MYSORE - 570 017.
AS PER EXTENDED AGREEMENT DATED 31.01.2023.
…RESPONDENTS
(BY SRI. RUPESH KUMAR S., ADVOCATE)
THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO EXERCISE THE POWER UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1966 AND FOR APPOINTMENT OF SOLE ARBITRATOR AS PRAYED FOR BY THE PETITIONER AS PER CLAUSE (10) OF MEMORANDUM OF UNDERSTANDING DATED 14.09.2011, IN
ORDER TO ADJUDICATE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS, IN THE INTEREST OF JUSTICE AND EQUITY. (A)FOR GRANT OF COST OF THIS PETITION, (B)FOR SUCH OTHER RELIEFS, THIS HON'BLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:30195 CMP No. 452 of 2024
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator in terms of Clause 10 in the Memorandum of Understanding dated 14.09.2011 (Annexure-B).
2. Having taken note of the submissions made by the
learned counsel appearing for the parties, and taking into account that the resolution of the dispute has to be made by the Arbitrator in terms of the provisions contained under Clause 10 of the MoU referred to above, I am of the view that, Sri. H.G. Ramesh, former Acting Chief Justice of this Court, be appointed to resolve the dispute between the parties.
3. Accordingly, the Civil Miscellaneous Petition is allowed. Hon'ble Sri. H.G. Ramesh, former Acting Chief Justice of this Court is hereby appointed as the Arbitrator.
4. For early disposal of the petition is concerned, since the parties are represented through their learned counsel, parties are directed to appear before the Arbitration Centre, Khanija
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HC-KAR NC: 2025:KHC:30195 CMP No. 452 of 2024
Bhavan, Race Course Road, Bengaluru, on 08.09.2025 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to dispose of the matter.
5. The Registry is directed to communicate this order to the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, and also to Hon'ble Sri. H.G. Ramesh, former Acting Chief Justice of this Court, forthwith.
SD/- (E.S.INDIRESH) JUDGE
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