Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11487 (KAR)

M/s. SAI KRUPA BUILDERS v. SMT. PREMA

CMP/390/2022 · 2026-03-17

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15754 CMP No. 390 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISCELLANEOUS PETITION NO. 390 OF 2022 BETWEEN: M/S. SAI KRUPA BUILDERS NO.33, MAHESHWARI TEMPLE ROAD, OPP. TO MTB JNANA JYOTHI VIDYA NIKETHAN, MAHADEVAPURA, BENGALURU - 560 048, REPRESENTED BY ITS PROPRIETOR, Mr. N. REDDAPPA REDDY, AGED 47 YEARS, S/o N. MUNIRATHNAM REDDY. …PETITIONER (BY SRI. VIJAYA KRISHNA BHAT, ADVOCATE) AND: 1. SMT. PREMA, AGED ABOUT 72 YEARS, W/O SRINIVASA REDDY, R/AT NO.302/2, SURESH COMPLEX, KAGGADASANAPURA MAIN ROAD, BENGALURU- 560 093, SINCE DECEASED BY LR'S 1(a) S. CHANDRASHEKAR S/O. SRINIVAS REDDY AND SMT. PREMA AGED ABOUT 50 YEARS, 1(b) S. MANJUNATH, S/O. SRINIVAS REDDY AND SMT. PREMA Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15754 CMP No. 390 of 2022 AGED ABOUT 46 YEARS, BOTH ARE RESIDING AT NO.302/2, SURESH COMPLEX, KAGGADASAPURA MAIN ROAD, BENGALURU - 560 093. 1(c) SMT. SHOBHA S. W/O. SRI. JAGADISH, S/O. SRINIVAS REDDY AND SMT. PREMA, AGED ABOUT 48 YEARS, R/AT NO. 71, SOMASUNDARA PALYA MAIN ROAD, NEAR CHINMAYA SCHOOL, HSR LAYOUT, BENGALURU - 560 012. …RESPONDENTS (BY SRI. N.S.NARASIMHASWAMY, ADVOCATE FOR R1(c); R1(a) AND R1(b)- SERVED AND UNREPRESENTED) THIS CIVIL MISC. PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT IN EXERCISE OF THE POWERS AVAILABLE UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, THIS HON'BLE COURT BE PLEASED TO PASS AN ORDER APPOINTING AN ARBITRATOR COMPETENT TO RESOLVE THE DISPUTE THAT HAS ARISEN BETWEEN THE PARTIES PURSUANT TO THE REGISTERED JOINT DEVELOPMENT AGREEMENT DATED 07.09.2015 AND AS PER THE ARBITRATION CLAUSE NO.16 OF THE SAID AGREEMENT (ANNEXURE - A). THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the petitioner. - 3 - HC-KAR NC: 2026:KHC:15754 CMP No. 390 of 2022 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitration based on Clause-16 of the Joint Development Agreement 07.09.2015 (Annexure-A). 3. Having taken note of the submissions made by the learned counsel appearing for the parties, I am of the view that, as the dispute has arisen with regards to the rights of the parties concerned, I am of the opinion that the petition requires to be accepted under Section 11 of the Arbitration and Conciliation Act, 1996. 4. Sri. H.R. Srinivas, retired District Judge be appointed as an Arbitrator to resolve the dispute between the parties in terms of the Clause-16 of the Joint Development Agreement produced at Annexure-A to the petition. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. - 4 - HC-KAR NC: 2026:KHC:15754 CMP No. 390 of 2022 6. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, 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. 8. Since the parties are represented through their learned counsels, parties are directed to appear before the Arbitration and Conciliation Centre, Bengaluru on 16.04.2026 at 11.00 a.m. to enable the learned Arbitrator to take further action in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KLV List No.: 1 Sl No.: 27