Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57414 (KAR)

M/S MADHU FAMILY WELFARE TRUST v. M/S SJR BUILDERS

CMP/17/2023 · 2025-09-09

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35384 CMP NO.17 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.17 OF 2023 BETWEEN: M/S MADHU FAMILY WELFARE TRUST HAVING REGISTERED OFFICE AT NO.36, EAST PARK ROAD, KUMARA PARK EAST, BENGALURU - 560 020. REP. BY ITS TRUSTEE SRI. S. MADHU BANGARAPPA @ S.B. MADHUCHANDRA. …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. M/S SJR BUILDERS SJR PRIMECORP PLAZA, MARATHALLI, SARJAPURA ROAD, NEAR WIPRO CORPORATE OFFICE, JANATHA COLONY, DODDAKANNELLI, BENGALURU - 560 035. REP. BY ITS PARTNER, SRI. VIJAY REDDY. 2. SRI. VIJAY REDDY PARTNER M/S SJR BUILDERS, SJR PRIMECORP PLAZA, MARATHALLI, SARJAPUR ROAD, NEAR WIPRO CORPORATE OFFICE JANATHA COLONY, DOODKANNELLI, BENGALURU - 560 035. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35384 CMP NO.17 OF 2023 3. SJR ENTERPRISES (P) LIMITED SJR PRIMECORP PLAZA, MARATHALLI, SARJAPUR ROAD, NEAR WIPRO CORPORATE OFFICE, JANATHA COLONY, DODDAKANNELLI, BENGLAURU - 560 035. REP. BY ITS DIRECTOR SRI. VIJAY REDDY. …RESPONDENTS (BY SRI. AJAY RAO, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT HON'BLE JUSTICE SRI. A.N. VENUGOPAL GOWDA, FORMER JUDGE OF HIGH COURT OF KARNATAKA, HAVING ADDRESS AT NO.426/27-1, 33RD CROSS, 18TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 041, AS ARBITRATOR TO ENTER UPON REFERENCE AND PASS AWARD IN THE MATTER OF DISPUTES BETWEEN THE PETITIONER ON THE ONE SIDE AND THE RESPONDENTS ON THE OTHER SIDE FOR DECIDING THE CLAIM OF THE PETITIONER FOR THE RECOVERY OF THE SUM OF RS.6,74,42,954/- (RUPEES SIX CRORE SEVENTY FOUR LAKH FORTY TWO THOUSAND NINE HUNDRED AND FIFTY FOUR ONLY) AND FOR FURTHER AMOUNTS PAYABLE FOR THE CONTINUOUS DELAY, AND FOR OTHER APPROPRIATE RELIEF(S) AS PER CLAUSE 15.1 OF THE SUPPLEMENTAL JOINT DEVELOPMENT AGREEMENT DATED 04TH JUNE, 2014 VIDE ANNEXURE-B. 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 the Former - 3 - HC-KAR NC: 2025:KHC:35384 CMP NO.17 OF 2023 Judge of this Court as Arbitrator to enter upon reference and pass award in the matter of disputes between the petitioner and the respondents in terms of clause 15.1 of the Supplemental Joint Development Agreement dated 04th June, 2014 vide Annexure-B. 2. Heard Sri. Siddharth Suman, learned counsel appearing for the petitioner and Sri. Ajay Rao, learned counsel appearing for respondents. 3. Having taken note of the submission made by learned counsel appearing for the parties and taking into consideration the dispute between the parties, I am of the view that the Former Judge of this Hon'ble Court be appointed as Arbitrator to resolve the dispute. 4. Therefore, Hon'ble Mr. Justice A.V. Chandrashekar, Former Judge of this Court is appointed as Arbitrator to resolve the dispute between the parties in the Arbitration and Conciliation Centre (Domestic and International), Bengaluru. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation - 4 - HC-KAR NC: 2025:KHC:35384 CMP NO.17 OF 2023 Centre (Domestic and International), Bengaluru on 10th October, 2025. 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.: 20