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2025 DAILYLAW 77049 (KAR)

MANDYA ZILLA POLICE NOWKARA GRUHANIRMANA v. M/s. AMRAVATHI DEVELOPERS

CMP/53/2024 · 2025-07-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29266 CMP NO.53 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO.53 OF 2024 BETWEEN: MANDYA ZILLA POLICE NOWKARA GRUHANIRMANA SHAKARA SANGHA NIYAMITHA DISTRICT POLICE OFFICE COMPOUND, MANDYA. REPRESENTED BY ITS C.E.O., SRI. SIDDEGOWDA K.A. AND SRI. MANJUNATH M.C., PRESIDENT. …PETITIONER (BY SRI. SANGAMESH R.B., ADVOCATE) AND: 1. M/S. AMRAVATHI DEVELOPERS SRINIVASAPURA VILLAGE, KASABA HOBLI, MANDYA TALUK. REP. BY ITS PARTNERS RESPONDENTS 2 TO 5. 2. C. CHANDRASHEKAR S/O CHANNEGOWDA AGED ABOUT 48 YEARS. 3. C. ANANTH KUMAR S/O CHANNEGOWDA AGED ABOUT 45 YEARS. 4. C. NAGARAJ S/O CHANNEGOWDA AGED ABOUT 43 YEARS. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29266 CMP NO.53 OF 2024 5. C. ASWATH S/O CHANNEGOWDA AGED ABOUT 41 YEARS. RESPONDENTS 2 TO 5 ARE R/AT SRINIVASAPURA VILLAGE, KASABA HOBLI, MANDYA TALUK. …RESPONDENTS (BY SRI. ABHINAV R., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR FOR THE PURPOSE OF DECIDING ALL THE DISPUTES FOR DIFFERENCES BETWEEN THE PETITIONER AND THE RESPONDENT-FIRM AS PER ARBITRATION CLAUSE MENTIONED IN THE DEVELOPMENT AGREEMENT DATED 03RD NOVEMBER, 2010 VIDE DOCUMENT NO.1. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER The petitioner herein filed the present Civil Miscellaneous Petition under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of Sole Arbitrator for the purpose of deciding all the disputes for differences between the petitioner and the respondent No.1-Firm as per Arbitration Clause mentioned in the Development Agreement dated 03rd November, 2010 (Document No.1). - 3 - HC-KAR NC: 2025:KHC:29266 CMP NO.53 OF 2024 2. Heard Sri. Sangamesh R.B., learned counsel appearing for the petitioner and Sri. Abhinav R., learned counsel appearing for respondents. 3. Having taken note of the recitals in the Development Agreement dated 03rd November, 2010 (Document No.1), I am of the view that the Sole Arbitrator be appointed for resolving the disputes between the parties. In that view of the matter, I pass the following: O R D E R (a) Civil Miscellaneous Petition allowed; (b) Hon'ble Mr. Justice Sreenivas Harish Kumar, former Judge of this Court is appointed as the Sole Arbitrator to adjudicate the dispute between the parties at the Arbitration and Conciliation Centre, Bengaluru according to the Rules governing the said Centre; (c) Since the parties are represented through their learned counsels, in order to avoid further issuance of notice to the parties, they - 4 - HC-KAR NC: 2025:KHC:29266 CMP NO.53 OF 2024 are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 29th August, 2025 at 11.00 a.m. (d) The Registry is directed to communicate this order (by E-mail) to the Arbitration and Conciliation Centre, Bengaluru and also to Hon'ble Mr. Justice Sreenivas Harish Kumar, former Judge of this Court forthwith. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 26