MR RAMESH SAGERE v. SMARTOWNER SERVICES INDIA PRIVATE LIMITED
CMP/203/2024 · 2025-08-18
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91416 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91416 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31809 CMP NO.203 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.203 OF 2024 BETWEEN:
MR. RAMESH SAGERE W/O SRI. S.N. MURTHY AGED ABOUT 58 YEARS, R/AT NO.150, 5TH MAIN, BSK 3RD STAGE, 4TH BLOCK, 2ND PHASE, BENGALURU - 560 085. …PETITIONER (BY SRI. RAVI S.K., ADVOCATE) AND:
1.
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.
2.
SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT:
NO.151, 9TH MAIN, 6TH SECTOR, H.S.R. LAYOUT, BENGALURU - 560 102.
3.
MAYO PROPERTIES LLP REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT:
SIGMA TECH PARK,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31809 CMP NO.203 OF 2024
8TH FLOOR, DELTA BLOCK, RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560 066.
4.
IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT:
LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560 001.
…RESPONDENTS (BY SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R1)
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 27TH JULY, 2017 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, 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 Master Services Agreement dated 27th July, 2017 (Annexure-A) to resolve the dispute arising between the petitioner and respondents.
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HC-KAR NC: 2025:KHC:31809 CMP NO.203 OF 2024
2. Heard Sri. Ravi S.K. learned counsel appearing for the petitioner and Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1.
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 Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. S.R. Somashekara, 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.
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HC-KAR NC: 2025:KHC:31809 CMP NO.203 OF 2024
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