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2025 DAILYLAW 68711 (KAR)

SRI. VASANTH BOLUSANI v. SMARTOWNER SERVICES INDIA

CMP/351/2024 · 2025-08-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31826 CMP No. 351 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.351 OF 2024 BETWEEN: SRI. VASANTH BOLUSANI S/O SRI. BOLUSANI DEVENDRA MOHAN RAO AGED ABOUT 51 YEARS R/O NO.53, ONEILL CT, LAWWRENCEVILLE, NEW JERSEY - 08648. REP. BY HIS S.P.A. HOLDER MR. SHANKAR SUBBARAMAN S/O SRI. SUBBARAMAN T .A. AGED ABOUT 48 YEARS, R/O NO.C-401, ALPHINE VIVA APARTMENTS, SEEGEHALLI, BENGALURU - 560 067 …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND: 1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE A: 8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066. 2. SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: NO.151, 9TH MAIN, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31826 CMP No. 351 of 2024 6TH SECTOR, HSR LAYOUT, BENGALURU - 560 102. 3. IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: LEVEL 3 AND 4, EMBASSY DIAMANTE, 34, VITTAL MALLYA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R1) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 11 OF THE MASTER SERVICES AGREEMENT DATED 27TH APRIL, 2017 AND 29TH APRIL, 2017 VIDE ANNEXURE-B AND ARTICLE 5.7 OF THE BOOKING AGREEMENT DATED 29TH APRIL, 2017 VIDE ANNEXURE-C. THIS PETITION COMING ON FOR ORDERS, 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 Sole Arbitrator in terms of Article 11 of the Master Services Agreement dated 27th April, 2017 and 29th April, 2017 (Annexure-B) and Article 5.7 of the Booking Agreement dated 29th April, 2017 (Annexure-C) to resolve the dispute arising between the petitioner and respondents. - 3 - HC-KAR NC: 2025:KHC:31826 CMP No. 351 of 2024 2. Heard Sri. Ravi S.K., learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1. 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. H.R. Srinivas, District Judge (Retired) is appointed to act as Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2025:KHC:31826 CMP No. 351 of 2024 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 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