MRS SHRADDHA RATHI v. LANDMARK HOMES PRIVATE LIMITED
CMP/440/2025 · 2025-09-19
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68589 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68589 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37584 CMP NO.440 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.440 OF 2025
BETWEEN:
MRS. SHRADDHA RATHI W/O MR. SUSHEEL RATHI, AGED ABOUT 50 YEARS, R/AT NO.18A, BINNY CRESCENT APARTMENTS, NO.16, BENSON CROSS ROAD, BENSON TOWN, BENGALURU - 560 046. …PETITIONER (BY SMT. POORNIMA HATTI, ADVOCATE) AND:
LANDMARK HOMES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 WITH ITS REGISTERED OFFICE AT:
D-1, CASA LAVELLE-1, LAVELLE ROAD CROSS, BENGALURU - 560 001.
REP. BY ITS DIRECTOR, MS. ANJANA MANISH CHANDAK R/AT A-3, 702 WHITE HOUSE, 6TH MAIN, 15TH CROSS, R.T. NAGAR, BENGALURU - 560 032. …RESPONDENT (RESPONDENT - SERVED BUT UNREPRESENTED)
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:37584 CMP NO.440 OF 2025
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 14 OF THE PARTNERSHIP DEED DATED 06TH JUNE, 2013 VIDE ANNEXURE-A IN ORDER TO ADJUDICATE ALL DISPUTES ARISING BETWEEN THE PETITIONER AND THE RESPONDENT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this petition, the petitioner is seeking appointment of an Arbitrator in terms of Clause 14 of the Partnership Deed dated 06th June, 2013 (Annexure-A) to adjudicate all the disputes arising between the petitioner and the respondent.
2. Heard Smt. Poornima Hatti,
learned counsel appearing for the petitioner. Respondent served and remained absent.
3. Having heard the learned counsel appearing for the petitioner and taking into consideration the Clause 14 of the Partnership Deed dated 06th June, 2013 (Annexure-A), Hon'ble Mr. Justice A.V. Chandrashekar, Former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties.
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HC-KAR NC: 2025:KHC:37584 CMP NO.440 OF 2025
4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
5. 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.
6. 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 Petitions are disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 26