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2026 DAILYLAW 1916 (KAR)

MRS ANNIE KORAH v. MR K C CHANRASHEKAR RAJU

CMP/129/2025 · 2026-04-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18082 CMP No. 129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.129 OF 2025 BETWEEN: 1. MRS. ANNIE KORAH, (FORMERLY ANNIE JACOB), AGED ABOUT 60 YEARS, D/O LATE SRI.K.KORAH 2. MR. PRADEEP KORAH, AGED ABOUT 63 YEARS, S/O LATE SRI. K.KORAH. 3. MR. PRAMOD KURIAN, AGED ABOUT 65 YEARS, S/O LATE SRI. K. KORAH. ALL ARE R/AT NO.9, LANGFORD GARDENS, BENGALURU - 560 025 …PETITIONERS (BY SRI. PRAKASH.B.N., ADVOCATE) AND: 1. MR. K.C.CHANDRASHEKAR RAJU S/O LATE SRI. K.CHENGAMA RAJU, NO.45, IAS LAYOUT, BTM LAYOUT, 2ND STAGE, 23RD MAIN ROAD, BENGALURU - 560 076. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18082 CMP No. 129 of 2025 2. M/S ELIXIR ENTERPRISES AND HOTELS PVT LIMITED, A COMPANY INCORPORATED UNDER THE PROVISONS OF THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT #135, RESIDENCY ROAD, NEW NO. 12, FIELD MARSHALL K M CARIAPPA ROAD, BENGALURU - 560 025 AND REPRESENTED BY ITS MANAGING DIRECTOR. 3. M/S TECHZONE TECHNOLOGIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 NO.10/6, LEVELLE ROAD, BENGALURU - 560 001 AND REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. ABHINAV.R., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A SOLE ARBITRATOR IN TERMS OF CLAUSE 5 OF THE ARBITRATION AGREEMENT CONTAINED IN THE MEMORANDUM OF SETTLEMENT DATED 29.01.2019 (ANNEXURE A) TO RESOLVE THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:18082 CMP No. 129 of 2025 ORAL ORDER Heard the learned counsels appearing for the parties. 2. In this petition, petitioners have sought for appointment of an Arbitrator for resolution of dispute in terms of Memorandum of Settlement dated 29.01.2019 produced at Annexure-A to the petition. 3. Having taken note of the provision contained under Clause-5 of the Memorandum of Settlement dated 29.01.2019 (Annexure-A), I am of the view that appointment of an Arbitrator is necessitated for resolution of dispute between the parties. 4. Accordingly, this petition under Section 11(6) of the Act, 1996 is allowed. The Hon'ble Justice Sreenivas Harish Kumar, Former Judge, High Court of Karnataka is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case at Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. - 4 - HC-KAR NC: 2026:KHC:18082 CMP No. 129 of 2025 5. Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 24.04.2026 at 11.00 a.m., without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to resolve the dispute at the earliest. 6. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 7. A copy of this order be sent forthwith to the Arbitration and Conciliation Centre, Khanija Bhavan, Bengaluru, for proceeding further in the matter. 8. Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same. SD/- (E.S.INDIRESH) JUDGE SMJ; List No.: 1 Sl No.: 26