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2025 DAILYLAW 72483 (KAR)

SMT. RATHNAMMA v. SRI ARUN R

CMP/408/2025 · 2025-12-05

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51454 CMP No. 408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 408 OF 2025 BETWEEN: 1. SMT. RATHNAMMA W/O LATE RANGANATH, AGED ABOUT 66 YEARS, 2. SRI SURESH KUMAR R S/O LATE RANGANATHA AGED ABOUT 42 YEARS 3. SMT. USHA K W/O SURESH KUMAR R AGED ABOUT 39 YEARS 4. SIDDARTH S S/O SURESH KUMAR R AGED ABOUT 18 YEARS 5. MASTER VISHWAS S S/O SURESH KUMAR R AGED ABOUT 17 YEARS MINOR REPRESENTED BY HIS FATHER REPRESENTED BY HER GPA HOLDER SURESH KUMAR 6. SMT. R BHAVANI D/O LATE RANGANATH AGED ABOUT 39 YEARS REPRESENTED BY HER GPA HOLDER SURESH KUMAR ALL PETITIONERS ARE RESIDING AT 4TH CROSS, 3RD MAIN, KOLARAMMA BADAVANE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51454 CMP No. 408 of 2025 KOLAR TOWN, KOLAR - 563101 …PETITIONERS (BY SRI. GIRISHKUMAR R., ADVOCATE FOR SRI. ABHINAG.S., ADVOCATE) AND: SRI ARUN R S/O LATE RAMANJANEYA AGED ABOUT 48 YEARS R/AT 1ST MAN ROAD GARUDACHARIPALYA WHITEFIELD ROAD BANGALORE - 560048 …RESPONDENT (BY SRI. MURALIDARA R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND RECONCILIATION ACT, 1996 PRAYING TO APPOINT HONBLE SHRI. KUKKAJE RAMAKRISHNA BHAT, RETIRED DISTRICT JUDGE, AS SOLE ARBITRATOR IN ACCORDANCE WITH CLAUSE 21 OF THE AGREEMENT DATED 11.09.2023 AT ANNEXURE - A AS REFERRED BY THE PETITIONER IN LEGAL NOTICE DATED 19.06.2025 AT ANNEXURE – D AND ETC. THIS CMP, COMING ON FOR ORDERS, 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 reliefs; A. Appoint Hon’ble Shri Kukkaje Ramakrishna Bhat, Retired District Judge, as sole Arbitrator in accordance with Clause 21 of the Agreement dated 11.9.2023 at Annexure-A as referred by - 3 - HC-KAR NC: 2025:KHC:51454 CMP No. 408 of 2025 the petitioner in legal notice dated: 19.06.2025 at Annexure-D. B. Alternatively, this Hon’ble Court may be pleased to appoint any other person/s as sole Arbitrator for adjudication of the dispute that has arisen between the petitioners and the Respondent. C. Grant such other relief/s as this Hon’ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity. 2. After arguing for some time, both the counsels submit that the matter could be referred to mediation to try and explore the possibility of arriving at amicable resolution and in the event of amicable resolution not possible, an Arbitrator could be appointed. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, Karnataka Mediation Centre on 16.12.2025 at 02.30 p.m. - 4 - HC-KAR NC: 2025:KHC:51454 CMP No. 408 of 2025 iii) In the event of mediation being successful, the successful mediation report to be placed before this Court. iv) In the event of mediation not being successful, the Director, Mediation Centre, is directed to forward the copy of the file to the Director, Arbitration and Conciliation Centre. v) Hon’ble Justice Shri.P.Krishna Bhat, Former Judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court under the aegis of the Arbitration Centre attached to this Court. vi) All contentions are kept open. vii) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 72