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2025 DAILYLAW 89776 (KAR)

TD SAI INVESTMENT TRUST v. BELENUS CHAMPION HOSPITALS PRIVATE LIMITED

CMP/307/2023 · 2025-11-07

Suraj Govindaraj

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45442 CMP No. 307 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 307 OF 2023 BETWEEN: TD SAI INVESTMENT TRUST, A TRUST INCORPORATED UNDER THE INDIAN TRUST ACT 1882, HAVING OFFICE AT NO.1, CHAITHANYA SHARAN, GUNJUR, BENGALURU, KARNATAKA-560 087, REP. BY ITS AUTHORIZED SIGNATORY, MS. HEMAMALINI NIDAMANURI. …PETITIONER (T.D SAI INVESTMENT TRUST, REP. BY ITS AUTHORISED SIGNATORY MS. HEMAMALINI NIDAMANURI, 'EARLIER COUNSEL IS PERMITTED TO RETIRE' [ABSENT]) AND: 1. BELENUS CHAMPION HOSPITALS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING REGISTERED OFFICE AT: NO. A09, GR ONE AND ONLY, CHOODASANDRA, OFF SARJAPUR ROAD, BENGALURU-560 099. 2. DR. MANJUNATH, S/O. MR. HANUMAIAH CHIKKAMUNIYAPPA, MAJOR, RESIDING AT NO. 48, 3RD CROSS, OPPOSITE DIVYA JOYOTHI EARTH, KASAVANHALLI, CARMELARAM, BENGALURU-560 035. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45442 CMP No. 307 of 2023 3. DR. MULLUR GOPALREDDY KISHORE KUMAR, S/O. MR. GOPALREDDY, MAJOR, RESIDING AT MULLURU, CARMELARAM, BENGALURU-560 035. 4. MRS. GOPI MONA, D/O. MR. GOPI TUMKUR HANUMANTHARAYAPPA, MAJOR, RESIDING AT NO. 241, 32ND CROSS, JAYANAGAR, 7TH CROSS, BANASHANKARI, 2ND STAGE, BENGALURU-560 070. 5. MRS. JANATHGONDANAHALLI RAMAKRISHNA REDDY HAMSA, D/O. MR. RAMAKRISHNA REDDY, MAJOR, RESIDING AT NO. 17, JANATHGONDAHALLI, BENGALURU-560 087. 6. CHAMPION LUXURY RESORTS PRIVATE LIMITED, JS TOWER, L32, 2ND A MAIN, OUTER RING ROAD, AGARA, 6TH SECTOR, HSR LAYOUT, BENGALURU-560 102. …RESPONDENTS (BY SMT. POORNIMA HATTI, ADVOCATE FOR R-1 TO R-5; R-6 CHAMPION LUXURY RESORTS PVT LTD- SERVED) THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO APPOINT HON'BLE SRI. JUSTICE P.KRISHNA BHAT RETD. FORMER JUDGE OF THE HIGH COURT OF KARNATAKA HAVING ADDRESS AT NO. 234, 4TH CROSS, 4TH MAIN, I BLOCK, KORAMANGALA, BENGALURU - 560 034, AS A SOLE ARBITRATOR IN TERMS OF CLAUSE 15.3 OF THE SHAREHOLDERS AGREEMENT DATED 09/02/2022 (ANNEXURE-D) TO RESOLVE THE DISPUTES THAT HAVE ARISEN BETWEEN PARTIES AND ALSO PASS SUCH OTHER DIRECTIONS OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND NECESSARY IN THE CIRCUMSTANCES OF THE CASE AND 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 SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:45442 CMP No. 307 of 2023 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "WHEREFORE the Petitioner respectfully prays that this Hon'ble Court may be pleased to APPOINT Hon'ble Sri. Justice P.Krishna Bhat Retd. Former Judge of the High Court of Karnataka having address at No. 234, 4th Cross, 4th Main, I Block, Koramangala, Bengaluru - 560 034, as a sole arbitrator in terms of Clause 15.3 of the Shareholders Agreement dated 09/02/2022 (Annexure-D) to resolve the disputes that have arisen between parties and also pass such other directions or orders as this Hon'ble Court may deem fit and necessary in the circumstances of the case and in the interest of justice and equity." 2. The counsel who had filed a petition was permitted to retired on account of instructions not having been received. The name of the petitioner has been printed in the cause list to enable representation on part of the petitioner. Despite the same, there is no representation made on behalf of the petitioner. 3. It appears that the petitioner is not interested in prosecuting matter. The petition stands dismissed for non-prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 21