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2025 DAILYLAW 72613 (KAR)

M/S SHREE REALTORS PRIVATE LIMITED v. M/S TRIBECA HOSPITALITY LLP

CMP/588/2025 · 2025-11-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 588 OF 2025 C/W CIVIL MISC. PETITION NO. 585 OF 2025 IN CMP NO. 588/2025 BETWEEN: 1. M/S SHREE REALTORS PRIVATE LIMITED BEING A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.30, VASWANI VICTORIA VICTORIA ROAD BANGALORE 560047 REP. BY IT'S AUTHORIZED SIGNATORY MR. ARUN ADVANI. 2. MRS. KAMALAMMA W/O LATE MR. THIPPA REDDY AGED ABOUT 77 YEARS R/AT NO.22, MAHALAKSHMI FARM CHINNAPPANAHALLI MARATHAHALLI POST BANGALORE 560 037. 3. MR. T. UMASHANKAR S/O LATE MR. THIPPA REDDY AGED ABOUT 52 YEARS R/AT NO.22, MAHALAKSHMI FARM CHINNAPPANAHALLI MARATHAHALLI POST BANGALORE 560 037 PETITIONERS NO.2 AND 3 ARE REP. BY THEIR POWER OF ATTORNEY HOLDER MR. ARUN ADVANI …PETITIONERS (BY SRI. G L VISHWANATH, SENIOR ADVOCATE FOR SMT. MANASA M B., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 AND: 1. M/S TRIBECA HOSPITALITY LLP BEING A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 HAVING ITS REGISTERED OFFICE AT NO.105 VIKAS TECH PARK, 1 A CROSS ROAD 5TH BLOCK, KORAMANGALA INDUSTRIAL LAYOUT, BANGALORE 560095 REPRESENTED BY ITS DESIGNATED PARTNER/AUTHORIZED SIGNATORY MS. VARTIKA ARORA. 2. MS. DIPANNITA SINGH D/O DIBAKARSINHA MAJOR 3. MS. PRIYANKA GANDHI D/O MR. BRIJESH KUMAR VERMA MAJOR 4. MS. PRIYANKA BONICK D/O MR. PROVIR KUMAR BONICK MAJOR BANGALORE 560095 5. MS. VARTIKA ARORA D/O MR. VIRENDRA KUMAR SEKHI MAJOR 6. MS. TUMU INDU REDDY D/O NARENDRA REDDY MAJOR R2 TO R6 ARE THE PARTNERS OF R1 HAVING OFFICE AT NO.105, VIKAS TECH PARK 1ST A CROSS ROAD, 5TH BLOCK KORAMANGALA INDUSTRIAL LAYOUT BANGALORE 560095 …RESPONDENTS (BY SRI. P.D. SURANA., ADVOCATE FOR RESPONDENTS) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR TO ADJUDICATE ALL DISPUTES BETWEEN THE - 3 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 PARTIES IN TERMS OF CLAUSE 16 OF THE LEASE DEED DATED 25.02.2020 PRODUCED AT ANNEXURE-D. IN CMP NO. 585/2025 BETWEEN: 1. M/S. TRIBECA HOSPITALITY LLP A LIMITED LIABILITY PARTNERSHIP FIRM NO.105, VIKAS TECH PARK, 1ST CROSS ROAD 5TH BLOCK, KORAMANGALA, INDUSTRIAL LAYOUT HAVING ITS REGISTERED OFFICE AT BENGALURU-560 034 REPRESENTED BY ITS DESIGNATED PARTNER MRS. VARTIKA ARORA W/O RAJEEV ARORA AGED ABOUT 50 YEARS ...PETITIONER (BY SRI. P D SURANA., ADVOCATE) AND: 1. M/S. SHREE REALTORS PRIVATE LIMITED HAVING ITS OFFICE AT VASWANI VICTORIA NO.30, VICTORIA ROAD BENGALURU-560 047 REP. BY THEIR AUTHORIZED SIGNATORY. 2. SMT.KAMALAMMA W/O LATE H. THIPPA REDDY AGED ABOUT 76 YEARS R/AT VASWANI VICTORIA NO.30, VICTORIA ROAD BENGALURU-560 047. 3. SRI.T.UMASHANKAR S/O LATE THIPPA REDDY AGED ABOUT 51 YEARS R/AT VASWANI VICTORIA, NO.30 VICTORIA ROAD BENGALURU-560 047 ...RESPONDENTS (BY SRI. G L VISHWANATH, SENIOR ADVOCATE FOR SMT.MANASA M B., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THE ABOVE PETITION AND APPOINT AN ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES IN TERMS OF CLAUSE NO.16 OF THE REGISTERED LEASE DEED DATED 25.05.2020 PRODUCED AS ANNEXURE - A FOR EXTENSION OF THE LEASE AND FOR OTHER DISPUTES AMONGST THE PARTIES, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. CMP No.588/2025 has been filed by the landlord seeking for the following reliefs; 1. This CMP is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996, praying to appoint a Sole Arbitrator to adjudicate all disputes between the parties in terms of Clause 16 of the Lease Deed Dated 25.02.2020 produced at Annexure-D. 2. To grant such other relief/ as this Hon’ble Court may deem fit to grant in the circumstances of the case in the interest of justice. 2. CMP No.5858/2025 has been filed by the tenant seeking for the following reliefs; Wherefore, it is humbly prayed that this hon’ble Court be pleased to allow the above petition and appoint an arbitrator to resolve the dispute between the parties in terms of clause no.16 of the registered lease deed dated 25.05.2020 produced as annexure - a for extension of the lease and for other disputes amongst the parties, in the interest of justice. - 5 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 3. Both parties have invoked the arbitration Clause in terms of Clause 16 of the registered Lease Deed dated 25.02.2020 thereof, which is reproduced hereunder for easy reference; 16. ARBITRATION: In case of any dispute arising or accruing in respect of this Agreement or upon matters incidental, related or consequent hereto, the same shall be referred for Arbitration in consonance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The place of the arbitration shall be Bangalore and the language of the arbitration shall be English. The Arbitral Tribunal shall be comprised of a sole arbitrator, to be appointed by mutual consent. The Award passed by the said Arbitral Tribunal shall be final and binding. The tribunal shall also be entitled to award interest, damages and costs in terms of this Agreement. Subject to the provision for arbitration, courts at Bangalore alone shall have jurisdiction. 4. Both the counsels submit that the matter could be referred to arbitration, by keeping all contentions left open. 5. In that view of the matter, I pass the following; ORDER i. CMPs are allowed. ii. Sri. Justice Ajit J. Gunjal., former Judge of this Court is appointed as a sole arbitrator to - 6 - HC-KAR NC: 2025:KHC:49728 CMP No. 588 of 2025 C/W CMP No. 585 of 2025 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 & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 11.12.2025. v. All contentions are kept open. vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 61