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2025 DAILYLAW 78915 (KAR)

MRS H G SHEELA v. M/S MORE RETAIL PRIVATE LIMITED (MRPL)

CMP/505/2025 · 2025-11-14

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46861 CMP No. 505 of 2025 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. 505 OF 2025 BETWEEN: MRS H G SHEELA W/O. MR. R NAGARAJ, AGED ABOUT 57 YEARS RESIDNING AT, NO. 80, 1ST CROSS, 2ND MAIN, DEFENCE COLONY, INDIRANAGAR, BANGALORE-560 058 …PETITIONER (BY SRI. SAMMITH S, ADVOCATE) AND: M/S MORE RETAIL PRIVATE LIMITED (MRPL) (EARLIER KNOWN AS M/S. ADITYA BIRLA RETAIL LIMITED) HAVING REGISTERED OFFICE AT SIROYA CENTRE, NEXT TO HOTEL LE-MERIDIEN, SAHARA AIRPORT ROAD, ANDHERI EAST, MUMBAI 400099 HAVING BANGALORE BRANCH OFFICE AT NO. 178/2, HULIALLI, CK PALYA, SAKALAVARA POST, BANNERGHATTA ROAD, BANGALORE - 560083, ALSO AT, NO. 40, 4TH FLOOR, BRIGADE SOUTH PARADE, NEAR TRINITY METRO STATION, M.G. ROAD, BANGALORE - 560001 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. PRABHU VIJAYKUMAR …RESPONDENT (BY SRI. THOMAS VELLAPALLY, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46861 CMP No. 505 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO AFFIRMING THE APPOINTMENT OF HONBLE MR. JUSTICE (RETD.,) ASHOK BANGREPPA HINCHIGERI, FORMER JUDGE, HIGH COURT OF KARNATAKA AS THE SOLE ARBITRATOR, OR IN THE ALTERNATIVE 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. Affirming the appointment of Hon'ble Mr. Justice (Retd.,) Ashok Bangreppa Hinchigeri, Former Judge, High Court Of Karnataka as the sole arbitrator, or in the alternative. B. Appoint any other person as sole arbitrator to adjudicate all disputes between the parties in terms of clause 41 of the sub lease deed dated 13.05.2009, as contained in Annexure B. C. To grant other such relief/s as this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of equity and justice. 2. After arguing for some time, both the counsel submit that the matter may be referred to arbitration leaving all contentions open. - 3 - HC-KAR NC: 2025:KHC:46861 CMP No. 505 of 2025 3. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. Sri. Justice Subhash B.Adi, former Judge of this Court 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. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful. iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 27.11.2025. v. All contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 69