MR SOUMEN CHAKRABORTY v. SMARTOWNER SERVICES INDIA
CMP/358/2024 · 2025-08-18
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79112 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79112 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31828 CMP NO.358 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.358 OF 2024 BETWEEN:
MR. SOUMEN CHAKRABORTY S/O SRI. SUBHAS CHAKRABORTY, AGED ABOUT 42 YEARS, R/O NO.125, PENINSULA PARK VILLE, OFF THINDLU ROAD, SARJAPURA, BENGALURU - 562 125. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND:
SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT:
8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066. …RESPONDENT (BY SRI. SANTOSH NAGARALE, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 11 OF THE MASTER SERVICES AGREEMENT DATED 22ND NOVEMBER, 2017 AND 23RD NOVEMBER, 2017 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31828 CMP NO.358 OF 2024
ORAL ORDER In this petition, the petitioner is seeking appointment of Sole Arbitrator in terms of Article 11 of the Master Services Agreement dated 22nd November, 2017 and 23rd November, 2017 (Annexure-A) to resolve the dispute arising between the petitioner and respondent.
2. Heard Sri. Ravi S.K., learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent.
3.
Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru.
4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri.
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HC-KAR NC: 2025:KHC:31828 CMP NO.358 OF 2024
H.R. Srinivas, District Judge (Retired) is appointed to act as Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules.
5. All claims and contentions of the parties are 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.
7. Registry is directed to return the original documents if any, produced by the parties, after obtaining photostat copy of the same for the file.
Accordingly, Civil Miscellaneous Petition is disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK