ALANKAR PANDIAN v. INNOVATIVE FILM ACADEMY PRIVATE LIMITED (OPC)
CMP/121/2025 · 2026-06-03
B M Shyam Prasad
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 21034 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21034 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26147 CMP No. 121 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 121 OF 2025
BETWEEN:
ALANKAR PANDIAN SON OF SANTHANASWAMY, AGED ABOUT 50 YEARS, HAVING OFFICE AT PRIME BLUE FOREST CIRCLE, G02, ITPL MAIN ROAD WHITEFIELD, BENGALURU - 560003.
…PETITIONER (BY SRI. MAHALINGAYYA H HIREMATH., ADVOCATE FOR SRI. ROHAN VEERANNA TIGADI.,ADVOCATE)
AND:
1.
INNOVATIVE FILM ACADEMY PRIVATE LIMITED (OPC) A ONE PERSON COMPANY UNDER COMPANIES ACT, REGISTERED 2013, AT OFFICE HAVING INNOVATIVE MULTIPLEX NO. 135, OUTER RING ROAD, MARATHAHALLI, BENGALURU - 560037.
REPRESENTED BY DIRECTOR MR.SARAVANA PRASAD
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26147 CMP No. 121 of 2025
2.
SARAVANA PRASAD SON OF LATE TK VENUGOPAL, AGED ABOUT 59 YEARS, HAVING OFFICE AT INNOVATIVE MULTIPLEX NO. 135, OUTER RING ROAD, MARATHAHALLI, BENGALURU - 560037.
…RESPONDENTS (BY MS. AMITHA JAYAPRAKASH., ADVOCATE FOR SRI. AJESH KUMAR S.,ADVOCATE)
THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT J S SOMASHEKAR (RETD.DISTRICT AND SESSIONS JUDGE) OR ANY OTHER RETIRED DISTRICT AND SESSIONS JUDGE TO ACT AS SOLE ARBITRATOR AND REFER THE DISPUTES BETWEEN THE PARTIES TO ARBITRATION, IN TERMS OF ARBITRATION CLAUSE OF MEMORANDUM OF UNDERSTANDING DATED 01.09.2023 (ANNEXURE A) AND THE ARBITRATION AGREEMENT THAT HAS COME INTO EXISTENCE BY EXCHANGE OF EMAIL DATED 06.02.2025 (ANNEXURE D SERIES).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:26147 CMP No. 121 of 2025
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER
The petitioner seeks appointment of a retired District Judge as the sole arbitrator to enter reference of the dispute with the respondents over certain money claims. The petitioner relies upon a Memorandum of Understanding dated 01.09.2003 and the notice of arbitration dated 06.02.2025. On behalf of the petitioner, it is submitted that there is every likelihood of a settlement and on behalf of the respondents, without disputing the possibilities of a settlement, it is submitted that a former Judge of this Court could be appointed as the sole arbitrator to enter reference of the dispute leaving open all
contentions for consideration.
When queried, the learned counsel for the respondents submits that if there is any settlement, it could also be reported in the arbitral proceedings. At this stage, this Court opines that there is no dispute either about the agreement for arbitration or about
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HC-KAR NC: 2026:KHC:26147 CMP No. 121 of 2025
the existence of an arbitral dispute and that there is also consensus for appointment of a sole arbitrator. Further, this Court opines that, given the quantum of money claimed which is in excess of Rs.15 Crores, a former Judge of this Court is to be appointed as a sole arbitrator. In the light of the afore, the following:
ORDER [A] The petition is allowed, and Mr. Justice Ajit J.Gunjal, a former Judge of this Court, is appointed as sole arbitrator to enter reference of the dispute between the petitioner and respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), Bengaluru according to the Rules governing the Arbitration and Conciliation Centre (Domestic and International), Bengaluru.
[B] The Registry is directed to communicate this
order [through email] to the Arbitration and
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HC-KAR NC: 2026:KHC:26147 CMP No. 121 of 2025
Conciliation Centre (Domestic and International), Bengaluru and Shri Justice Ajit J. Gunjal, a former Judge of this Court, Address:#95, ‘LaxmiKunj’, 7th Main, MCR Layout, Vijayanagar, Bengaluru – 560 040 [Email: ajgj95@gmail.com] as required under the Appointment of Arbitrators by the Chief Justice of Karnataka High Court Scheme, 1996.
Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr