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2025 DAILYLAW 76008 (KAR)

MS.NEETU MIDHA v. MR ABHINAY RAMANAN

CMP/484/2023 · 2025-11-14

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46908 CMP No. 484 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 484 OF 2023 BETWEEN: 1. MS. NEETU MIDHA WIFE OF NAVEEN KUMAR MIDHA AGED ABOUT 48 YEARS R/AT VILLA NO.5 LGCL ASHLAR OPP KSR POLICE HEADQUARTERS KASAVANAHALLI MAIN ROAD SARJAPUR BENGALURU - 560 099 …PETITIONER (BY SRI. SAGAR R., ADVOCATE FOR SRI. DEEPAK BASAVARAJ, ADVOCATE) AND: 1. MR ABHINAY RAMANAN SON OF LATE MR D R RAMANAN AGED ABOUT 39 YEARS R/AT NO 192, 5TH MAIN 15TH B CROSS WEST OF CORD ROAD 2ND STAGE MAHALAXMIPURAM BENGALURU - 560 086 …RESPONDENT (BY SRI. RAVIKUMARA B.R., ADVOCATE) THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE CIVIL MISC. PETITION UNDER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46908 CMP No. 484 of 2023 SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT BE PLEASED TO 1) PASS AN ORDER APPOINTING MR. VISHWANATH V. ANGADI, RETIRED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, AS A SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES OF THE LLP AGREEMENT DATED 19.04.2017 (ANNEUXRE 'C', PARA.22), IN EXERCISE OF THIS HONBLE COURTS JURISDICTION UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 19962 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, 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) Pass an order appointing Mr. Vishwanath V. Angadi, Retired Principal City Civil and Sessions Judge, as a sole a arbitrator to adjudicate the disputes that have arisen between the parties of the LLP Agreement dated 19.04.2017 (Annexure-"C") (Para No.22) in exercise of this Hon'ble Court's jurisdiction under Section 11(5) of the Arbitration and Conciliation Act, 1940; b) Pass an order directing the Respondent to pay the costs of the present petition to the Petitioner; and c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice and equity.” 2. After arguing for some time, both the counsel submit that the matter may be referred to an independent - 3 - HC-KAR NC: 2025:KHC:46908 CMP No. 484 of 2023 Arbitrator, leaving all the contentions open to be adjudicated by the Arbitrator who is to be appointed including the arbitrability therein. 3. In that view of the matter, I pass the following: ORDER i. CMP petition is Allowed. ii. Sri. Kadalur Sathyanarayana Char, a former District Judge, of the District Judiciary, State of Karnataka 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. All contentions including that of arbitrability are left open to be decided by the learned arbitrators. iv. Since the order is passed in the presence of both the counsel, they shall appear before the Director, Arbitration and Conciliation Centre on 27.11.2025 at 2.30 p.m. without requirement of any further notice. v. Registry is directed to forward a copy of this order to the Director, Arbitration and Conciliation Centre for doing the needful and also directed to return the - 4 - HC-KAR NC: 2025:KHC:46908 CMP No. 484 of 2023 originals and all certified copies that have been produced, by following due process. SD/- (SURAJ GOVINDARAJ) JUDGE JJ List No.: 1 Sl No.: 11