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2025 DAILYLAW 90094 (KAR)

MR PRAKASH PALANI v. M/S INNOVATIVE FILM ACADEMY

CMP/467/2025 · 2025-12-12

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:53054 CMP No. 467 of 2025 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. 467 OF 2025 BETWEEN: 1. MR PRAKASH PALANI S/O MR. S. PALANI AGED ABOUT 54 YEARS R/AT 37/9, MEANEE AVENUE TANK ROAD CROSS BANGALORE-560042. 2. MR. SRIRAM SUBBA RAO S/O LATE SUBA RAO N AGED ABOUT 56 YEARS R/AT D1601, VAISHNAVI TERRACES 4TH CROSS, DOLLARS COLONY JP NAGAR 4TH PHASE BANGALORE-560078 …PETITIONERS (BY SRI. PURUSHOTHAMAN K N., ADVOCATE) AND: 1. M/S INNOVATIVE FILM ACADEMY A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REGISTERED OFFICE AT INNOVATIVE FILM CITY 24 & 26, KIADB INDUSTRIAL ARE BIDADI, RAMAMNAGARAM-562109 REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MR. SARAVANA PRASAD ALSO AT, FLAT NO 135 INNOVATIVE MULTIPLEX VMARATHAHALLI VILLAGE MARATHA HALLI, BENGALURU-560 037. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53054 CMP No. 467 of 2025 …RESPONDENT (BY SRI.VIVEKANANDA N, ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT AN ARBITRATOR FOR RESOLVING THE DISPUTES BETWEEN THE PETITIONERS AND THE RESPONDENT THAT HAVE ARISEN IN TERMS OF THE PARAGRAPH NO.2 OF THE GENERAL CLAUSE UNDER THE MEMORANDUM OF UNDERSTANDING DATED 18.12.2020 PLACED AT ANNEXURE – A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.Vivekananda N., counsel submits that he would be appearing for the Respondent and vaklathnama has been filed in that regard. 2. The petitioners are before this Court seeking for the following reliefs: (a) Appoint an Arbitrator for resolving the disputes between the Petitioners and the Respondent that have arisen in terms of the Paragraph No. 2 of the General Clause under the Memorandum of dated - 18/12/2020 placed at Annexure-A. Understanding (b) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC:53054 CMP No. 467 of 2025 3. Both the counsels submit that initially the matter may be referred to mediation and in the event of mediation not being successful, an arbitrator could be appointed. In that view of the matter, I pass the following: ORDER i) CMP is allowed. ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, KMC on 12.01.2026 at 02.30 p.m. iii) In the event of mediation being successful, the successful mediation report to be placed before this Court. iv) In the event of mediation not being successful, the Director of Mediation Center is directed to forward the copy of the file to the Director of Arbitration and Conciliation Center. v) Justice K. N. Keshavanarayana, 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. vi) All contentions are kept open. - 4 - HC-KAR NC: 2025:KHC:53054 CMP No. 467 of 2025 vii) 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 PRS List No.: 1 Sl No.: 66