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2025 DAILYLAW 91198 (KAR)

SMT. ANITHA PRAKASH. B v. SMARTOWNER SERVICES INDIA

CMP/267/2024 · 2025-08-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31815 CMP NO.267 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL MISCELLANEOUS PETITION NO.267 OF 2024 BETWEEN: SMT. ANITHA PRAKASH B. AGED ABOUT 54 YEARS R/O NO.1160, 'SAMRUDDHI', 4TH MAIN, 5TH CROSS, JUDICIAL LAYOUT, G.K.V.K. POST, BENGALURU - 560 065. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND: SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT: 8TH FLOOR, DELTA BLOCK, SIGMA TECH PARK OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066. …RESPONDENT (BY SRI. SANTOSH S. NAGARALE, ADVOCATE) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6)) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF ARTICLE 11 OF THE MASTER SERVICES AGREEMENT DATED 28TH MAY, 2018 VIDE ANNEXURE-A Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31815 CMP NO.267 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 Article 11 of the Master Services Agreement dated 28th May, 2018 (Annexure-A) to resolve the dispute arising between the petitioner and respondent. 2. Heard Sri. Ravi S.K. learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent. 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this - 3 - HC-KAR NC: 2025:KHC:31815 CMP NO.267 OF 2024 Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. Vishwanath V. Angadi, District Judge (Retired) is appointed to act as the Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 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