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2025 DAILYLAW 82085 (KAR)

SMT POSI DEVI v. M/S. DELTA INFRASTRUCTURE,

CMP/325/2024 · 2025-12-12

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53630 CMP No. 325 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 325 OF 2024 BETWEEN: SMT POSI DEVI W/O VAKTHAWARMAL @ VAGATA JI AGED ABOUT 68 YEARS R/A NO.2, 2ND FLOOR BANK OF BARODA LANE KAMAKSHIPALYA BENGALURU-560 079. …PETITIONER (BY SRI. BHARATHGOWDA B R., ADVOCATE) AND: 1. M/S. DELTA INFRASTRUCTURE A PARTNERSHIP FIRM WITH ITS REGISTERED OFFICE IN NO. 70 4TH MAIN, MARUTHINAGAR NAGARBHAVI, BENGALURU-560 072. MRS BHAVANA PRAVEEN AGED ABOUT 39 YEARS AUTHORIZED SIGNATORY OF DELTA INFRASTRUCTURE. 2. M/S. DELTA INFRASTRUCTURE A PARTNERSHIP FIRM WITH ITS REGISTERED OFFICE IN NO. 70 4TH MAIN, MARUTHINAGAR NAGARBHAVI, BENGALURU-560 072. REP. BY MR. ANAND V AGED ABOUT 42 YEARS AUTHORIZED SIGNATORY OF M/S. DELTA INFRASTRUCTURE …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53630 CMP No. 325 of 2024 THIS CIVIL MISC PETITION UNDER SECTION 11 (5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT ANY RETIRED DISTRICT JUDGE, AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE CONTRA CLAIMS BETWEEN THE PETITIONER AND RESPONDENT BEFORE THE ARBITRATION CENTRE, BANGALORE. AS PER THE AGREEMENT DATED 18-02-2022 AT ANNEXURE-A OF THE ARBITRATION CLAUSE PARA NO. 10 (II) TO SERVE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR DISMISSAL, 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: Wherefore, the Petitioner herein respectfully pray that this Hon'ble Court be pleased to appoint any retired District Judge, as the Sole Arbitrator to adjudicate upon the contra claims between the Petitioner and Respondent before the Arbitration centre, Bangalore. As per the Agreement dated 18-02- 2022 at ANNEXURE-'A' of the Arbitration clause Para No. 10 (ii) to serve in the interest of justice and equity. 2. None appears for the petitioner. 3. Despite the order dated 28.11.2025, neither the process fee has been paid nor is there any appearance on the part of the petitioner. - 3 - HC-KAR NC: 2025:KHC:53630 CMP No. 325 of 2024 4. It appears that the petitioner is not interested in prosecuting the matter, the petition is dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 131