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2025 DAILYLAW 83700 (KAR)

M/S SCENIC BEAUTY HOMES PRIVATE LIMITED, v. DR. BASAVANNA P L

CMP/519/2024 · 2025-08-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33823 CMP NO.519 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.519 OF 2024 BETWEEN: M/S SCENIC BEAUTY HOMES PRIVATE LIMITED, REGISTERED OFFICE AT: NO.552, 7TH MAIN ROAD, A.G.S. LAYOUT, DOLLARS COLONY, R.M.V. 2ND STAGE, BENGALURU - 560 094. REP. BY ITS AUTHORIZED SIGNATORY RAJKUMAR S. …PETITIONER (BY SMT. U. SHRADDHA BHAT, ADVOCATE) AND: DR. BASAVANNA P.L. NO.4, SHIVAKRUPA TEMPLE, BELL LAYOUT, LINGAMBUDI MAIN ROAD, SRIRAMPURA, 2ND STAGE, MYSURU - 570 034. …RESPONDENT (BY SRI. SHARATH GOWDA G.B., ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 READ WITH THE APPOINTMENT OF ARBITRATORS BY THE CHIEF JUSTICE OF KARNATAKA HIGH COURT SCHEME, 1996 PRAYING TO APPOINT A FIT AND PROPER PERSON AS THE SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES AND DIFFERENCES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT OUT OF OR IN CONNECTION WITH THE AGREEMENT FOR CONSTRUCTION DATED 19TH APRIL, 2023 EXECUTED BETWEEN THE PARTIES IN ACCORDANCE WITH CLAUSE 30 OF THE AGREEMENT AT ANNEXURE-A. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33823 CMP NO.519 OF 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is seeking appointment of Sole Arbitrator in terms of Clause 30 of the Agreement of Construction dated 19th April, 2023 (Annexure-A) to adjudicate the disputes and differences that have arisen between the petitioner and respondent in connection with the Agreement of Construction. 2. Heard Smt. U. Shraddha Bhat, learned counsel appearing for the petitioner and Sri. Sharath Gowda G.B., learned counsel appearing for the respondent. 3. Having heard the learned counsel appearing for the parties and on careful examination of Clause 30 of the Agreement of Construction dated 19th April, 2023 (Annexure- A), I am of the considered opinion that the dispute has to be resolved through the intervention of the Arbitrator. 4. Therefore, Sri. D.R. Venkatakasudarshana, District Judge (Retired) is appointed as Sole Arbitrator to adjudicate the disputes and differences arisen between the parties. In order - 3 - HC-KAR NC: 2025:KHC:33823 CMP NO.519 OF 2024 to expedite the process of resolving the dispute, parties are directed to appear at Arbitration and Conciliation Centre (Domestic & International), Bengaluru on 25th September, 2025 at 11.00 a.m. 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 List No.: 1 Sl No.: 20