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2025 DAILYLAW 70946 (KAR)

SKYLINE DEVELOPERS, v. MRS R MALATHI

CMP/109/2024 · 2025-10-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41989 CMP No. 109 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 109 OF 2024 BETWEEN: SKYLINE DEVELOPERS, 206 AND 207 SOPHIA'S CHOICE ST. MARK ROAD, BENGALURU - 560 001, REPRESENTED BY ITS DIRECTOR MR. AVINASH PRABHU. …PETITIONER (BY SRI. J.P. DARSHAN, ADVOCATE) AND: MRS. R MALATHI W/O MR. SATESH KUMAR, AGED 50 YEARS, R/A NO.221, 4TH A CROSS, IST MAIN, 3RD BLOCK, HRBR LAYOUT KALYAN NAGAR, BANGALORE - 560 043. …RESPONDENT (BY SRI. ANAND MUTTALLI, ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO PASS AN ORDER OF INJUNCTION (I) APPOINT SOLE ARBITRATOR TO DETERMINE AND ADJUDICATE THE DISPUTE BETWEEN THE PARTYS ACCORDANCE WITH ARBITRATION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41989 CMP No. 109 of 2024 CLAUSE 24 IN SALE CUM CONSTRUCTION AGREEMENT DATED 16/04/2012 AS PRODUCED AS ANNEXURE-B AND WITH PROVISIONS OF THE ARBITRATION AND CONCILIATION ACT, 1996 & ETC., 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 the court seeking for the following reliefs: (a) APPOINT Sole Arbitrator to determine and adjudicate the dispute between the party's accordance with arbitration clause 24 in Sale cum Construction Agreement dated 16.04.2012 as produced as ANNEXURE B and with provisions of the arbitration and Conciliation Act, 1996 (b) Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. (c) award costs, in the interest of justice and equity. 2. Both the counsels submit that a suitable arbitrator could be appointed by keeping all the contentions including the arbitrability open. 3. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:41989 CMP No. 109 of 2024 ORDER i) CMP is allowed. ii) Sri. R. H. Raddi, a former District Judge of the District Judiciary 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) Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful. iv) Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre without requirement of any notice on 03.11.2025 at 2.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 22