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2025 DAILYLAW 75504 (KAR)

SRI PRASAD P G v. SMARTOWNER SERVICES INDIA

CMP/288/2024 · 2025-08-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31819 CMP No. 288 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.288 OF 2024 BETWEEN: SRI. PRASAD P.G. S/O SRI. P. ISHWARA SHASTRY, AGED ABOUT 50 YEARS, R/O NO.5, 1ST MAIN, BRINDAVAN EXTENSION, ARAKERE MICO LAYOUT, B.G. ROAD, BENGALURU - 560 076. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND: 1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: 8TH FLOOR, DELTA BLOCK, SIGMA TECH PART, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066. 2. SILVERSTREAM DEVELOPERS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560 001. 3. MITCON CREDENTIA TRUSTEESHIP SERVICES LIMITED, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31819 CMP No. 288 of 2024 EARLIER KNOWN AS MITCON TRUSTEESHIP SERVICES LIMITED, REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: KUBERA CHAMBERS, 1ST FLOOR, SHIVAJINAGAR, PUNE - 411 005. …RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R1; SRI. ANKITH S. REDDY, ADVOCATE FOR R2; V/O DATED 25.11.2024, NOTICE TO RESPONDENT NO.3 IS HELD SUFFICIENT) THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 10 OF THE MASTER SERVICES AGREEMENT DATED 06TH APRIL, 2021 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is seeking appointment of Sole Arbitrator in terms of Article 10 of the Master Services Agreement dated 06th April, 2021 (Annexure-A) to resolve the dispute arising between the petitioner and respondents. 2. Heard Sri. Ravi S.K., learned counsel appearing for the petitioner; Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1 and Sri. Ankith S. Reddy, learned counsel appearing for the respondent No.2. - 3 - HC-KAR NC: 2025:KHC:31819 CMP No. 288 of 2024 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. Vishwanath V. Angadi, District Judge (Retired) is appointed to act as Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 6. 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. - 4 - HC-KAR NC: 2025:KHC:31819 CMP No. 288 of 2024 7. 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