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2025 DAILYLAW 73033 (KAR)

SRI RIZWANULLA KHAN v. MR. ABDUL RASHEED

CMP/349/2025 · 2025-09-03

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34497 CMP NO.349 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.349 OF 2025 BETWEEN: SRI. RIZWANULLA KHAN S/O LATE H.I. WAHAB KHAN AGED ABOUT 72 YEARS, R/AT NO.FLAT T-2, 3RD FLOOR, RIZ ENCLAVE APARTMENT NO.29, BENSON ROAD, BENSON TOWN, BENGALURU - 560 046. REP. BY REGISTERED G.P.A. SRI. MOHAMMED JAVEED, S/O LATE MOHAMMED SALEH, AGED ABOUT 72 YEARS, R/AT 9TH CROSS, 16TH MAIN, B.T.M. 1ST STAGE, BENGALURU - 560 029. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. MR. ABDUL RASHEED S/O ABDUL KHUDDUS, AGED ABOUT 65 YEARS, CURRENTLY R/AT: FLAT T-1 , 3RD FLOOR, RIZ ENCLAVE APARTMENT NO.29, BENSON ROAD, BENSON TOWN, BENGALURU - 560 046. 2. MR. SHAKEEB AHMED S/O ABDUL RASHEED AGED ABOUT 40 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34497 CMP NO.349 OF 2025 CURRENTLY R/AT FLAT T-1, 3RD FLOOR, RIZ ENCLAVE APARTMENT NO.29, BENSON ROAD, BENSON TOWN, BENGALURU - 560 046. …RESPONDENTS (BY SRI. ASLAM KHAN M., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE THAT HAS ARISEN BETWEEN THE PETITIONER AND THE RESPONDENTS AS STIPULATED UNDER CLAUSE 19 OF THE AGREEMENT DATED 21ST AUGUST, 2024 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator based on the clause 19 of the Agreement dated 21st August, 2024 (Annexure-A) to adjudicate the dispute that has arisen between the parties. - 3 - HC-KAR NC: 2025:KHC:34497 CMP NO.349 OF 2025 2. Heard Sri. P.N. Najna Reddy, learned counsel appearing for the petitioner and Sri. Aslam Khan M., learned counsel appearing for respondents. 3. Having taken note of the submission made by learned counsel appearing for the parties, I am of the view that, it is appropriate to appoint a sole Arbitrator to resolve the dispute between the petitioner and respondents. Therefore, Sri. H.V. Ramachandra Rao, District Judge (retired) is appointed as sole Arbitrator to resolve the dispute between the parties at the 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 13th October, 2025 at 11.00 a.m. 4. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2025:KHC:34497 CMP NO.349 OF 2025 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.: 7