Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34494 CMP NO.55 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.55 OF 2025 BETWEEN:
1.
PRETEESH JAIN S/O PRASAN CHAND JAIN, AGED ABOUT 39 YEARS, R/AT NO.143/1, 2ND MAIN ROAD, 7TH CROSS, CHAMRAJPETE, BENGALURU - 560 018.
2.
B. HITESH KUMAR S/O S. BHARATRAJ, AGED ABOUT 36 YEARS, R/AT NO.115, MAMULPET MAIN ROAD, MAMULPET, BENGALURU - 560 053. …PETITIONERS (BY SRI. SANJAY H. SETHIYA, ADVOCATE) AND:
B.K. MANJU S/O KRISHNAPPA, AGED ABOUT 50 YEARS, R/AT BANDIKODIGE HALLI, B.K. HALLI POST, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 149. …RESPONDENT (BY SRI. C.M. NAGABUSHANA, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTIONS 11(5) AND (6)(a) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SUITABLE SOLE ARBITRATOR SRI. VEERANNA G. TIGADI, DISTRICT
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34494 CMP NO.55 OF 2025
JUDGE (RETIRED) IN TERMS OF CLAUSE 11 OF THE AGREEMENT OF SALE DATED 27TH DECEMBER, 2023 VIDE ANNEXURE-A AS PROPOSED BY THE PETITIONER VIDE ITS LETTER DATED 10TH JANUARY, 2025 VIDE ANNEXURE-C TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
This petition is filed under Sections 11(5) and 11(6)(a) of the Arbitration and Conciliation Act, 1996 seeking to appoint a sole Arbitrator to adjudicate the disputes that have arisen between the petitioners and the respondent.
2. Heard Sri. Sanjay H. Sethiya, learned counsel appearing for the petitioner and Sri. C.M. Nagabhushana,
learned counsel appearing for the respondent.
3. Having heard the learned counsel appearing for the parties and taking into account the clause 11 of the Agreement of Sale dated 27th December, 2023 (Annexure-A), I am of the view that the dispute between the petitioners and the respondent has to be resolved by way of Arbitration. Therefore, Sri. M. Ramesh Rao, District Judge (retired) is appointed as sole Arbitrator to resolve the dispute between the parties at the
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HC-KAR NC: 2025:KHC:34494 CMP NO.55 OF 2025
Arbitration and Conciliation Centre (Domestic and International), Bengaluru. In order to avoid further delay in the matter, parties are directed to appear before the Arbitration and Conciliation Centre (Domestic and International), Khanija Bhavan, Bengaluru on 24th September, 2025 at 11.00 a.m.
4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal.
5. 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.
6. 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 List No.: 1 Sl No.: 22