Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 77864 (KAR)

M/S SALASAAR BALAJI PROJECTS AND REALTY PRIVATE LIMITED v. M/S SUPRA INFRASTRUCTURE

CMP/114/2024 · 2025-10-31

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44228 CMP No. 114 of 2024 C/W CMP No. 118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 114 OF 2024 C/W CIVIL MISC. PETITION NO. 118 OF 2024 IN CMP No. 114/2024 BETWEEN: M/S. SALASAAR BALAJI PROJECTS AND REALTY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: HOUSE NO.8-4-71/72, KRISHNA COLONY, P O WARANGAL, REP. BY GPA HOLDER, MR. RAJESH B RATHI. …PETITIONER (BY SRI SANJAY H SETHIYA, ADVOCATE) AND: 1. M/S. SUPRA INFRASTRUCTURE, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT FLAT NO.2132, TOWER NO.2, BUILDING 2, PRESTIGE FALCON CITY, KANAKAPURA ROAD, BENGALURU-562 117, REP. BY ITS PARTNERS, MR. SRINIVAS MURTHY R, MR. JAYARAMA SHETTY. 2. MR. SRINIVAS MURTHY R, PARTNER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44228 CMP No. 114 of 2024 C/W CMP No. 118 of 2024 M/S. SUPRA INFRASTRUCTURE OFFICE AT NO.21321, TOWER-2, BUILDING-2, PRESTIGE FALCON CITY, KANAKAPURA ROAD, BENGALURU-562 117. 3. MR. JAYARAMA SHETTY, PARTNER, R/AT G-2, SAPTHAGIRI RESIDENCY, BDA MAIN ROAD, OPP. KEMP FORT, NANJA REDDY COLONY, AIRPORT ROAD, BENGALURU-560 017. …RESPONDENTS (R-1 M/S SUPRA INFRASTRUCTURE, BENGALURU SERVED; R-2 SRINIVAS MURTHY.R- SERVED; R-3 JAYARAMA SHETTY - SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT MAY BE PLEASED TO A) APPOINT A SUITABLE SOLE ARBITRATOR FROM THE KARNATAKA ARBITRATION CENTRE TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF AGREEMENT TO SALE DATED 03/02/2021 AS IN ANNEXURE-B CLAUSE AT PARA NO. C(2) ETC. IN CMP NO. 118/2024 BETWEEN: M/S. SALASAR BALAJI PROJECTS AND REALITY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT HOUSE NO.8-4/71/2, KRISHNA COLONY P O WARANGAL, REP. BY GPA HOLDER, MR. RAJESH RATHI. ...PETITIONER (BY SRI SANJAY H SETHIYA, ADVOCATE) AND: 1. M/S. SUPRA INFRASTRUCTURE, A PARTNERSHIP FIRM, - 3 - HC-KAR NC: 2025:KHC:44228 CMP No. 114 of 2024 C/W CMP No. 118 of 2024 HAVING ITS OFFICE AT FLAT NO.21321, TOWER-2, BUILDING-2, PRESTIGE FALCON CITY, KANAKAPURA ROAD, BENGALURU-562 117. REP. BY ITS PARTNERS, MR. SRINIVAS MURTHY R, MR JAYARAMA SHETTY. 2. MR. SRINIVAS MURTHY R, PARTNER, M/S SUPRA INFRASTRUCTURE OFFICE AT FLAT NO.21321, TOWER-2, BUILDING-2, RPESTIGE FALCON CITY, KANAKAPURA ROAD, BENGALURU-562 117. 3. MR. JAYARAMA SHETTY, PARTNER, R/AT G-2, SAPTHAGIRI RESIDENCY, BDA MAIN ROAD, OPP. KEMP FORT, NANJA REDDY COLONY, AIRPORT ROAD, BENGALURU-560 017. ...RESPONDENTS (R-1 M/S SUPRA INFRASTRUCTURE, BENGALURU SERVED; R-2 SRINIVAS MURTHY.R- SERVED; R-3 JAYARAMA SHETTY - SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THIS HONBLE COURT MAY BE PLEASED TO A) APPOINT A SUITABLE SOLE ARBITRATOR FROM THE KARNATAKA ARBITRATION CENTRE TO ADJUDICATE UPON THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONERS AND THE RESPONDENTS IN TERMS OF AGREEMENT TO SALE DATED 03/02/2021 AS IN ANNEXURE-B CLAUSE AT PAGE NO. 26 OF PARA C2 ETC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - HC-KAR NC: 2025:KHC:44228 CMP No. 114 of 2024 C/W CMP No. 118 of 2024 ORAL ORDER 1. The Petitioner in CMP No.114/2024 is before this Court seeking for the following reliefs; a. "Appoint a suitable sole arbitrator from the Karnataka Arbitration Centre, the Petition filed U/s 11(5) of the Arbitration & Conciliation Act, 1966, to adjudicate upon the disputes that have arisen between the Petitioners and the Respondents in terms of agreement to sale dated 03/02/2021 as in Annexure-B Clause at Para No. C(2); b. Award costs of the Petition; c. Grant any such other releif(s) as this Honble Court deems fit in the interest of justice and equity." 2. The Petitioner in CMP No.118/2024 is before this Court seeking for the following reliefs; a. "Appoint a suitable sole arbitrator from the Karnataka Arbitration Centre to adjudicate upon the disputes that have arisen between the Petitioners and the Respondents in terms of agreement to sale dated 03/02/2021 as in Annexure-B Clause at Page No.26 of Para No. C(2); b. Award costs of the Petition; c. Grant any such other releif(s) as this Honble Court deems fit in the interest of justice and equity." 3. A perusal of the notice under Section 21 of the Arbitration and Conciliation Act, 1996 indicates that the name of the Arbitrator has not been mentioned in the invocation of Arbitration Clause. - 5 - HC-KAR NC: 2025:KHC:44228 CMP No. 114 of 2024 C/W CMP No. 118 of 2024 4. Reserving liberty to the Petitioner to issue a fresh notice in accordance with Section 21 of the Arbitration and Conciliation Act, 1996, the petitions stand disposed. 5. In view of dismissal of the main petitions, pending applications, if any, do not survive for consideration. Hence, the same are disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 31