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2025 DAILYLAW 91053 (KAR)

PRATHAM MOTORS PRIVATE LIMITED v. EVERSTRAT PROPERTY MANAGMENT PRIVATE LIMITED

CMP/560/2025 · 2025-10-31

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44231 CMP No. 560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 560 OF 2025 BETWEEN: PRATHAM MOTORS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: SUITE 702, NILGIRI PLACE 9, BARAKHAMBA ROAD, NEW DELHLI 110001. ALSO AT: 120 SARJAPUR MAIN ROAD, DODDAKANNELLI, CARMERLARAM, BENGALURU 560 035, REP. BY AUTHORISED SIGNATORY, PRAVEEN U.L …PETITIONER (BY SRI AKANKSH ASHOK, ADVOCATE) AND: EVERSTRAT PROPERTY MANAGEMENT PRIVATE LIMITED, (FROMELY KNOWN AS STRATA PROPERTY MANGEMANT PRIVATE LIMITED), A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: NO 2, GOPAL MENON STREET, NEAR DOVETON PLAYGROUND, CHENNAI 600 112. REP. BY ITS AUTHORISED SIGNATORY. ALSO HAVING ITS CORPORATE OFFICE AT: NO 6/1-1, MUSEUM ROAD, SHANTALA NAGAR, ASHOK NAGAR, BANGALORE 560 001. …RESPONDENT (BY SRI ARJUN P K, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44231 CMP No. 560 of 2025 THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO APPOINT AN ARBITRATOR TO ADJUDICATE THE DISPUTE BETWEEN THE PARTIES UNDER THE DISPUTE RESOLUTION CLAUSE AT CLAUSE 18 OF THE TERM SHEET DATED 9.08.2024 AT ANNEXURE - B AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. 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; "Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to appoint an arbitrator to adjudicate the dispute between the parties under the Dispute Resolution clause at clause 18 of the Term Sheet dated 09.08.2024 at ANNEXURE B and pass such other orders as this Hon'ble Court deems fit, in the interest of justice and equity." 2. After arguing for some time, both the counsels submit that a suitable person could be appointed as a arbitrator to adjudicate the dispute between the parties. 3. In that view of the matter, I pass the following: ORDER i. CMP is allowed. - 3 - HC-KAR NC: 2025:KHC:44231 CMP No. 560 of 2025 ii. Sri. Ajit J. Gunjal., 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 3.00 P.M. on 12.11.2025. v. All contentions are kept open. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 96