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2025 DAILYLAW 82174 (KAR)

SRI MAHAVEER P v. SRI G DEEPAK KUMAR JAIN

CMP/181/2024 · 2025-08-20

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32333 CMP No. 181 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.181 OF 2024 BETWEEN: 1. SRI MAHAVEER P. S/O LATE N. PRASAMAL JAIN, AGED ABOUT 48 YEARS, R/AT NO.31/5, N N PLAZA, VANIVILAS ROAD, BASAVANAGUDI, BENGALURU-560004. …PETITIONER (BY SMT. KAVYASHREE K., ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. SRI. G. DEEPAK KUMAR JAIN S/O GAUTHAM CHAND, CURRENTLY AGED ABOUT 50 YEARS, R/AT NO.21, I MAIN ROAD, BAZAR STREET, GAUTHAMPURAM, ULSOOR, BENGALURU-560008 2. MR.G. SURAJ KUMAR JAIN S/O GAUTHAM CHAND, AGED ABOUT 48 YEARS, R/AT NO.21, I MAIN ROAD, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32333 CMP No. 181 of 2024 BAZAR STREET, GAUTHAMPURA, ULSOOR, BENGALURU-560008. …RESPONDENTS (BY SRI. K S CHANDRAHASA, ADVOCATE) THIS CMP IS FILED UNDER SEC.11(5) OF THE ARBITRATION AND CONCILIATION ACT 1996, R/W RULE 9 OF THE HIGH COURT OF KARNATAKA ARBITRATION (PROCEEDING BEFORE THE COURTS RULES, 2001), PRAYING TO APPOINT A SOLE ARBITRATOR TO PRESIDE OVER THE LIS BETWEEN THE PARTIES COVERED UNDER THE AGREEMENT OF SALE DATED 01.09.2015 AS FOUND AT ANNEXURE-A PARA NO.6 FOR RESOLUTION OF THE DISPUTE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying to appoint an Arbitrator for - 3 - HC-KAR NC: 2025:KHC:32333 CMP No. 181 of 2024 resolution of the dispute in terms of para 6 of the Agreement of Sale dated 01.09.2015 as per Annexure-A to the petition. 2. It is forthcoming from the petition papers that notice dated 07.08.2017 (Annexure-B) and reply notice dated 10.09.2017 (Annexure-B1) have been corresponded between the parties with regard to agreement of sale. Having taken note of the submissions made by the learned counsel appearing for the parties and the notice dated 20.01.2024 (Annexure-E) seeking invoking the Arbitration Clause and the reply notice dated 29.01.2024 (Annexure-F), I am of the view that, an Arbitrator is required to be appointed in this matter to resolve the dispute between the parties. 3. Accordingly, Sri. H.V. Ramachandra Rao, retired District Judge is hereby appointed as the Arbitrator for resolution of the dispute between the parties to this petition. 4. In order to avoid delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre, Race Course Road, Bengaluru, on 22.09.2025 at 11.00 a.m. On appearance of the parties, learned Arbitrator is requested to dispose of the matter. - 4 - HC-KAR NC: 2025:KHC:32333 CMP No. 181 of 2024 5. The Registry is directed to communicate this order to the Arbitration and Conciliation Centre, Bengaluru and also to Sri. H.V. Ramachandra Rao, retired District Judge, forthwith. 6. Accordingly, this Civil Miscellaneous Petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 18