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2025 DAILYLAW 72669 (KAR)

SRI KUSHAL DEEPCHANJI BAFNA v. SRI KIRAN SANGHVI

CMP/509/2025 · 2025-10-24

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42249 CMP No. 509 of 2025 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. 509 OF 2025 BETWEEN: 1. SRI KUSHAL DEEPCHANJI BAFNA S/O SRI DEEPCHAND, AGE 35 YEARS, OCCUPATION SENIOR SOFTWARE ENGINEER, 2. SMT.SONAL K W/O SRI KUSHAL DEEPCHANJI BAFNA AGE 35 YEARS, OCCUPATION HOMEMAKER, BOTH ARE CURRENTLY RESIDING AT NO OC305, SHAPOORJI PALLONJI PARK WEST, BINNY FIELDS, BINNYPETE BENGALURU - 560026 …PETITIONERS (BY SRI. BASAVARAJ R. BANNUR.,ADVOCATE) AND: 1. SRI KIRAN SANGHVI S/O LATE SHAMBHULALA SANGHVI AGE MAJOR 2. SMT NEETA SANGHVI W/O SRI KIRAN SANGHVI AGE MAJOR BOTH ARE CURRENTLY RESIDING AT NO MA1701 SHAPOORJI PALLONJI PARK WEST, BINNY FIELDS, BINNYPETE BESIDE ETA MALL, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42249 CMP No. 509 of 2025 BENGALURU - 560023 …RESPONDENTS (BY SRI. SYED AKMAL HASAN RAZVI.,ADVOCATE FOR R1 & R2) THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996 TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES AS PER THE CLAUSE NO. 2 OF THE MEMORANDUM OF UNDER STANDING DATED 19.04.2024, AS PER ANNEXURE B AND ETC. THIS CMP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs; a. Appoint a Sole Arbitrator in terms of Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the dispute that has arisen between the parties as per the clause No.2 of the Memorandum of understanding dated 19.04.2024, as per Annexure-B. b. Award the cost of the petition. c. Issue any other appropriate order or direction as this Hon’ble Court deems fit to issue in the ends of justice and equity. - 3 - HC-KAR NC: 2025:KHC:42249 CMP No. 509 of 2025 2. After arguing for some time, both the counsels submit that the matter could be referred to Arbitration and sole Arbitrator could be appointed to try and explore the possibility of arriving at amicable resolution, leaving all the contentions open. 3. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) Dr.Justice K.Bhaktavatsala, 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. 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 all the counsel, they shall appear before the Director, Arbitration and Conciliation Centre - 4 - HC-KAR NC: 2025:KHC:42249 CMP No. 509 of 2025 without requirement of any notice on 12.11.2025 at 2.30 p.m. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 103