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2025 DAILYLAW 69893 (KAR)

SRI. SATYANARAYANA VENKATA NUNNA v. SMARTOWNER SERVICES INDIA

CMP/360/2024 · 2025-08-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31829 CMP NO.360 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.360 OF 2024 BETWEEN: SRI. SATYANARAYANA VENKATA NUNNA S/O SRI. NUNNA NAGESHWARA RAO, AGED ABOUT 53 YEARS, R/O FLAT NO.105, MY NEST KEERTHI REVERIA APARTMENT, 6TH MAIN, 6TH 'G' CROSS, KAGGADASPURA, BENGALURU - 560 093. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND: SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: 8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066. …RESPONDENT (BY SRI. SANTOSH S. NAGARALE, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SETION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 16TH JULY, 2017 AND 25TH JULY, 2017 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31829 CMP NO.360 OF 2024 ORAL ORDER In this petition, the petitioner is seeking appointment of Sole Arbitrator in terms of Article 11 of the Master Services Agreement dated 16th July, 2017 and 25th July, 2017 (Annexure-A) to resolve the dispute arising between the petitioner and respondent. 2. Heard Sri. Ravi S.K., learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent. 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 - 3 - HC-KAR NC: 2025:KHC:31829 CMP NO.360 OF 2024 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. 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