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2025 DAILYLAW 77754 (KAR)

TRENT HYPERMARKET PVT LTD v. MR. JITHENDRA KUMAR KOTHARI

CMP/292/2023 · 2025-10-10

Suraj Govindaraj

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:40055 CMP No. 292 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 292 OF 2023 BETWEEN: TRENT HYPERMARKET PVT. LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT TAJ BUILDING, 210, DR. D. N. RAO ROAD, MUMBAI - 400 001. REPRESENTED BY ITS AUTHORIZED SIGANTORY MR. SAMIR PRADHAN, HEAD - LEGAL, AGED ABOUT 39 YEARS, S/O. DINESH DATTATRAY PRADHAN …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. 2. MR. JITHENDRA KUMAR KOTHARI AGED ABOUT 53 YEARS, S/O CHAMPALAL KOTHARI, MR. RAKESH KUMAR KOTECHA AGED ABOUT 48 YEARS, S/O. RAJ KUMAR KOTECHA BOTH ARE RESIDENTS OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40055 CMP No. 292 of 2023 NO. 89 CLASSIC ORCHARDS, BEHIND MEENAKSHI TEMPLE BANNERGHATTA ROAD, BANGALORE - 560 030. ALSO AT MARUDHAR AVENUE GOTTIGERE VILLAGE, UTTARAHALLI HOBLI, BANGLORE SOUTH TALUK BANNERGHATTA ROAD, BANGALORE - 560 076 …RESPONDENTS (R1 AND R2 ARE SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR WITH DIRECTION TO ENTER REFERENCE IN TERMS OF CLAUE XXIII(6) OF THE REGISTERED LEASE DEED DATED 14/04/2016 (AT ANNEXURE-A) AND AS PER THE NOTICE DATED 05/04/2023 ISSUED BY THE PETITIONER (AT ANNEXURE-H1) FOR THE PURPOSE OF ADJUDICATING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:40055 CMP No. 292 of 2023 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a) Appoint a sole arbitrator with direction to enter reference in terms of Clause XXIII(6) of the registered Lease Deed dated 14.04.2016 (at Annexure-A) and as per the notice dated 05.04.2023 issued by the Petitioner (at Annexure-H1) for the purpose of adjudicating the dispute between the Petitioner and the Respondents; b) Appoint either Arbitration & Conciliation Centre, Bangalore, or such other institution as this Hon'ble Court may deem fit as the arbitral institution to conduct the arbitration proceedings; and c) Pass such other order(s) as this Hon'ble Court deems fit to grant in the circumstances of the case, including an order as to the costs of the present Petition, in the interest of justice and equity. 2. Memo has been filed. 3. Learned counsel for the petitioner submits that the dispute between the parties has been settled and therefore, he does not wish to press the above petition. 4. Placing his submission on record, the petition is dismissed as settled. Sd/- (SURAJ GOVINDARAJ) JUDGE NS CT:TSM, List No.: 1 Sl No.: 35