Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29579 CMP No. 474 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 474 OF 2024
BETWEEN:
1.
M/S. RADIANT PROPERTIES A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.1/1, LIC BUILDING, ABOVE CAFE COFFEE DAY, OPP: R.V. DENTAL COLLEGE, 24TH MAIN ROAD, JP NAGAR, I PHASE, BANGALORE - 560 078.
REP BY ITS MANAGING PARTNER SRI. P. SATHYA SHEKAR, S/O. LATE P.NARAYANA, AGED ABOUT 49 YEARS. …PETITIONER (BY SRI. B.S. RADHANANDAN, ADVOCATE) AND:
1.
SRI. KRISHNAPPA S/O. LATE MUNISWAMAPPA, AGED ABOUT 72 YEARS, RESIDING AT NO.476, 2ND MAIN ROAD, BHD VIDHYAPEETHA, BSK 3RD STAGE, BANGALORE - 560 028.
2.
SRI. TEJAS S/O. M. KRISHNAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO.476, 2ND MAIN ROAD, BHD VIDHYAPEETHA,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29579 CMP No. 474 of 2024
BSK 3RD STAGE, BANGALORE - 560 028.
3.
SMT. SANDHYA D/O M. KRISHNAPPA AGED ABOUT 43 YEARS R/AT NO.476, 2ND MAIN ROAD BHD VIDHYAPEETHA, BSK 3RD STAGE BENGALURU - 560028. …RESPONDENTS (BY SRI. V. SANJAY KRISHNA, ADVOCATE)
THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR TO RESOLVE THE DISPUTE BETWEEN THE PARTIES HERETO AS PER THE TERMS OF CLAUSE 15 OF THE JOINT DEVELOPMENT AGREEMENT DATED 10.04.2008 AT ANNEXURE-C AND CLAUSE 28 OF SUPPLEMENT AGREEMENT DATED 18.12.2010 AT ANNEXURE-D, AND ETC.
THIS CIVIL MISCELLANEOUS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER This petition is filed under Section 11(6) of Arbitration and Conciliation Act, 1996, to appoint a sole Arbitrator to resolve the dispute between the parties in terms of Clause-15 of the Joint Development Agreement dated 10.04.2008 (Annexure - C) and Clause-28 of the Supplement Agreement dated 18.12.2010 (Annexure - D). * Page No.2 retyped and replace vide Chambers Order dated 22.09.2025.
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HC-KAR NC: 2025:KHC:29579 CMP No. 474 of 2024
2. Having taken note of the submissions made by the learned counsel appearing for the parties, as the respondents have no objection insofar as appointment of sole Arbitrator is concerned, Sri. S.R. Somashekar, Retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties. Ordered accordingly.
3. Hence, this Civil Miscellaneous Petition is
disposed of.
4. All contentions of the parties are kept open.
5. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 15.09.2025 at 2.00 p.m. to enable the learned Arbitrator to take further action in the matter. SD/- (E.S.INDIRESH) JUDGE
KLV List No.: 2 Sl No.: 9