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2025 DAILYLAW 66885 (KAR)

DECCAN MINING SYNDICATE PRIVATE LIMITED v. MANYATA DEVELOPERS PRIVATE LIMITED

CMP/86/2025 · 2025-10-10

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40484 CMP No. 86 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 86 OF 2025 BETWEEN: DECCAN MINING SYNDICATE PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING REGISTERED ADDRESS AT: NO. S-7, 2ND FLOOR, ESTEEM ARCADE, NO.26, RACE COURSE ROAD, BENGALURU 560 001. REP. HEREIN THROUGH ITS AUTHORIZED SIGNATORY MR. RAJENDRA KUMAR JAIN, MANAGING DIRECTOR …PETITIONER (BY SRI DEEPAK BHASKAR, ADVOCATE) AND: MANYATA DEVELOPERS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO.9/1, 2ND FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU 560 025. THROUGH ITS DIRECTORS, E-MAIL: CS@MANYATA.CO.IN …RESPONDENT (BY SRI C.K NANDAKUMAR, SENIOR ADVOCATE FOR SRI VISHWAS. N, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINTING AN ARBITRATOR IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATION AND Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40484 CMP No. 86 of 2025 CONCILIATION ACT, 1996, AND CLAUSE 5 OF THE ICD AGREEMENT DATED 15.09.2017(ANNEXURE-D). THIS PETITION, 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. "Appointing an Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and Clause 5 of the ICD agreement dated 15.09.2017 (Annexure-D); and b. Pass any other such order as this Hon'ble Court may deem fit in the interest of justice and equity." 2. Both the counsel jointly submit that Sri Justice A.S.Bopanna, a former Judge of the Hon'ble Supreme Court of India may be appointed as a sole arbitrator to arbitrate the dispute between the parties. 3. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:40484 CMP No. 86 of 2025 ORDER i. CMP is allowed. ii. Sri Justice A.S.Bopanna, a former Judge of the Hon'ble Supreme Court of India, is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court. iii. All contentions are left open. iv. Registrar (Judicial) is directed to forward a copy of this order to the Hon'ble Sri Justice A.S.Bopanna, a former Judge of the Hon'ble Supreme Court of India at his Home Office. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 77