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2025 DAILYLAW 76380 (KAR)

PARDHANANI CHATRABHUJ BASSARMAL v. M/S ITALIX LIVING SPACES PRIVATE LTD

CMP/10/2025 · 2025-09-12

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36282 CMP No.10 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.10 OF 2025 BETWEEN: 1. PARDHANANI CHATRABHUJ BASSARMAL S/O LATE BASSARMAL HOTCHAND PARDHANANI AGED ABOUT 83 YEARS, PERMANENT R/AT FLAT NO.1504, AL MAS TOWERS, DUBAI MARINA, PO BOX 5418 DUBAI UAE AND BENGALURU RESIDENT AT NO.46/3, FAIR FIELD LAYOUT, RACE COURSE ROAD, BENGALURU - 560001 BY HIS POWER OF ATTORNEY HOLDER. MR. SAHADEVA REDDY AGED ABOUT 70 YEARS, S/O LATE M. BASI REDDY, R/AT NO.185, AMAR JYOTHI LAYOUT 5TH MAIN, DOMLUR INNER RING ROAD, BENGALURU - 560071. …PETITIONER (BY SRI. SATYANAND B.S., ADVOCATE) AND: 1. M/S. ITALIX LIVING SPACES PRIVATE LTD CIN U45500KA2018PTC115146 A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36282 CMP No.10 of 2025 NO.38, ULSOOR ROAD, BENGALURU - 560042 DULY REPRESENTED BY ITS DIRECTORS AND AUTHORISED SIGNATORIES, MR. VASUDEVAN SATHYAMOORTHY, MR. DURBHAKALA VAMSI SAI MR. SUMITH CHATTERJEE MR. S. SAI PRASAD …RESPONDENT (BY SMT./MISS DR. VANDANA P.L., ADVOCATE (VC)) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO, APPOINT ANY COMPETENT PERSON AS AN ARBITRATOR TO ADJUDICATE UPON THE DISPUTE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AS STIPULATED UNDER CLAUSE 6,9 OF THE AGREEMENT OF SALE DATED 09.05.2019 AND 06.12.2019 ANNEXURE B AND C, UNDER THE AEGIS AND AS PER THE RULES OF THE KARNATAKA ARBITRATION CENTRE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:36282 CMP No.10 of 2025 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, the petitioner has sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the Agreement of Sale dated 09.05.2019 (Annexure-B) and 06.12.2019 (Annexure-C) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel appearing for the parties and upon perusal of Clause 6.9 of the Agreements of Sale, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties. - 4 - HC-KAR NC: 2025:KHC:36282 CMP No.10 of 2025 4. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Hon'ble Justice Sri. Sreenivas Harish Kumar, Former Judge, High Court of Karnataka is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre. 5. All claims and contentions of any of the parties are left/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. - 5 - HC-KAR NC: 2025:KHC:36282 CMP No.10 of 2025 7. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. 8. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 14.10.2025 at 11 am, without waiting for further notice in this regard. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 35