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2025 DAILYLAW 71339 (KAR)

M/S SCENIC BEAUTY HOMES PRIVATE LIMITED v. MS. POORNIMA UDAYKUMARAN

CMP/518/2024 · 2025-09-08

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35169 CMP No. 518 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 518 OF 2024 BETWEEN: M/S SCENIC BEAUTY HOMES PRIVATE LIMITED, REGISTERED OFFICE AT 552, 7TH MAIN ROAD, AGS LAYOUT, DOLLARS COLONY, R.M.V. 2ND STAGE, BENGALURU - 560 094. REPRESENTED BY ITS AUTHORIZED SIGNATORY, RAJKUMAR S. …PETITIONER (BY SRI. VYSHAK MANIKANTA, ADVOCATE FOR SRI. V. AKSHAY KUMAR, ADVOCATE) AND: MS. POORNIMA UDAYKUMARAN FLAT 203, FLOOR 3, SAVERIA LIVINSTON 4TH MAIN, VINAYAKA LAYOUT VIRGONAGAR POST, BHATTARHALLI BANGALORE - 560 049. …RESPONDENT (BY SRI. TASLEEM, ADVOCATE AND SRI ROHAN VARUGHESE, ADVOCATE - ABSENT) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35169 CMP No. 518 of 2024 THIS CIVIL MISCELLANEOUS PETITION IS UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT, SCHEME 1996 ON BEHALF OF THE PETITIONER PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO (A) APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT OUT OF OR IN CONNECTION WITH THE AGREEMENT FOR CONSTRUCTION DATED 31.03.2022 EXECUTED BETWEEN BOTH THE AFORESAID PARTIES IN ACCORDANCE WITH CLAUSE 30 OF THE AGREEMENT AT ANNEXURE A TO THE PETITION AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. No representation on behalf of the respondent. 3. This petition filed by the petitioner seeking appointment of sole Arbitrator to adjudicate the disputes that have arisen between the parties in connection with the agreement for construction dated 31.05.2022 in accordance with provisions of Arbitration and Conciliation Act, 1996. - 3 - HC-KAR NC: 2025:KHC:35169 CMP No. 518 of 2024 4. Having taken note of the submission made by the learned counsel appearing for the petitioner and Clause-30 of the Agreement of Construction dated 31.03.2022 (Annexure- A), I am of the view that, the petitioner has made out a case for appointment of an Arbitrator for resolution of the dispute between the parties. 5. In that view of the matter, Sri M G Sudheendra, Retired District Judge, is appointed as Arbitrator for resolution of the dispute between the parties. The Sole Arbitrator is appointed to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru. Accordingly, Civil Miscellaneous Petition is disposed of. 6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 7. 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. - 4 - HC-KAR NC: 2025:KHC:35169 CMP No. 518 of 2024 8. Registry is directed to return all original documents produced by the parties after obtaining photostat copy of the same. The parties are directed to appear before the learned Arbitrator on 9th October, 2025 at 11.00 a.m. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 19 CT-SG