Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 82669 (KAR)

M/S POWER OF FLOW REALTY LLP v. HV VENTURES PROJECTS PRIVATE LIMITED

CMP/477/2025 · 2025-11-14

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46860 CMP No. 477 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. 477 OF 2025 BETWEEN: M/S POWER OF FLOW REALTY LLP A LIMITED LIABILITY PARTNERSHIP INCORPORATED UNDER THE PROVISIONS OF THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 HAVING ITS PRINCIPAL OFFICE AT WOLFPACK WORKSPACES, 8TH MAIN ROAD VASANTHANAGARA, BENGALURU-560052 REP BY ITS PARTNER ARUN PADMANABHAN ANAND @ ARUN ANAND …PETITIONER (BY SRI. NANDISH PATIL, ADVOCATE) AND: HV VENTURES PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REPRESENTED BY ITS DIRECTOR SHIVARAM MALAKALA HAVING ITS REGISTERED OFFICE AT NO.26, SHANKARAMUTT ROAD, BASAVANAGUDI, BANGALORE-560004 …RESPONDENT (RESPONDENT SD) THIS CMP IS FILED UNDER SECTION 11(5) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT AN INDEPENDENT SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AS DETAILED IN THIS PETITION AND THE ANNEXURES HERETO AND VIDE CLAUSE 22 OF MEMORANDUM OF UNDERSTANDING DATED 17.04.2021 VIDE ANNEXURE A. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46860 CMP No. 477 of 2025 THIS PETITION, COMING ON FOR ORDERS, 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. Appoint an independent sole arbitrator to adjudicate the disputes that have arisen between the petitioner and the respondent as detailed in this petition and the Annexures hereto and vide clause 22 of memorandum of understanding dated 17.04.2021 vide Annexure A. b. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. The petitioner and respondent entered into Memorandum of Understanding for providing exclusive sales and marketing services dated 17.04.2021. The said Memorandum of Understanding is governed by an arbitration clause (22) which is reproduced hereunder for easy reference: - 3 - HC-KAR NC: 2025:KHC:46860 CMP No. 477 of 2025 “Articles 22 – JURISDICTION 22.1 This MOU and all rights, obligations and liabilities arising under it shall be construed with the Law of India and jurisdiction of the courts of Bengaluru, in any action or proceedings arising out of or relating to this MOU. 22.2 Any dispute, controversy or claim arising out of or about this MOU shall be referred to and finally resolved by arbitration under the Indian Arbitration Act, 1996. The arbitral tribunal shall comprise of a sole arbitrator to be mutually agreed by both Parties. The place of arbitration shall be Bangalore and the language to be used in the arbitration shall be English.” 3. There being dispute between the parties, the petitioner invoked the arbitration clause vide notice dated 10.06.2025 and nominated its arbitrator. The said notice having served on the respondent, respondent did not choose to reply to the same. In that background, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Notice having been issued to the respondent and respondent has chosen to be unrepresented. Perusal of the papers indicates that there is an agreement between the parties which is governed by an arbitration clause. The said clause has been invoked - 4 - HC-KAR NC: 2025:KHC:46860 CMP No. 477 of 2025 properly and compliance has been made in terms of Section 21 of the Arbitration and Conciliation Act. 5. In that view of the matter, I pass the following: ORDER i. CMP is allowed. ii. Sri.Ramachandra D.Huddar, 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. vi. Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 66