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2025 DAILYLAW 72066 (KAR)

SWATHI K v. AMELIORATE REALTORS PVT LTD.,

CMP/441/2024 · 2025-10-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41988 CMP No. 441 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. 441 OF 2024 BETWEEN: SWATHI K W/O RAKESH C AGED ABOUT 32 YEARS, R/A NO.234, 25TH MAIN SECTOR 1, HSR LAYOUT, KARNATAKA, BENGALURU - 560 102 …PETITIONER (BY SRI. DECLYN GOMES, ADVOCATE) AND: AMELIORATE REALTORS PVT. LTD., NO.22, 5TH FLOOR, HARA CHAMBERS, K H ROAD, KARNATAKA, BENGALURU - 560 102. REPRESENTED BY ITS AUTHORIZED SIGNATORY - MR. MANJUNATH …RESPONDENT (BY SRI. RAJESH B.L., ADVOCATE) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR IN TERMS OF CLAUSE 20 OF THE AGREEMENTS TO SALE DATED 20/10/2023 AND 24/05/2024 (ANNEXURES S-V AND AE) TO RESOLVE THE DISPUTES THAT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41988 CMP No. 441 of 2024 HAVE ARISEN BETWEEN THE PARTIES AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HONBLE COURT MAY SEEM FIT AND NECESSARY IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. 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 this Court seeking for the following relief: "WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court be pleased to appoint an arbitrator in terms of clause 20 of the Agreements to Sale dated 20/10/2023 and 24/05/2024 (Annexures S-V and AE) to resolve the disputes that have arisen between the parties and also pass such other directions or orders as this Hon'ble Court may seem fit and necessary in the circumstances of the case and in the interest of justice and equity." 2. Both the counsel submit that a suitable person could be appointed as an arbitrator to arbitrate the dispute between the parties keeping all the contentions open. 3. In that view of the matter, I pass the following: - 3 - HC-KAR NC: 2025:KHC:41988 CMP No. 441 of 2024 ORDER i) CMP is allowed. ii) Sri. Prakash Ballari, 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 05.11.2025 at 2.30 p.m. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 36