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2026 DAILYLAW 21677 (KAR)

MFAR CONSTRUCTIONS PRIVATE LIMITED v. SILVER STREAM DEVELOPERS PRIVATE LIMITED

CMP/582/2025 · 2026-06-09

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27552 CMP No. 582 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 582 OF 2025 BETWEEN: MFAR CONSTRUCTIONS PRIVATE LIMITED (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO. 8 8A, AVS COMPOUND 80FT. ROAD, KORAMANGALA BANGALORE 560034 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND AUTHORISED SIGNATORY MR. ZAKIR HUSSAIN SHAIK. …PETITIONER (BY SRI. DWARAKANATH H S., ADVOCATE) AND: SILVER STREAM DEVELOPERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT LEVEL 3 4, NO. 34, EMBASSY DIAMANTE, VITTAL MALLAYA ROAD, BANGALORE 560 001 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENT (BY SRI. RAKSHA ., ADVOCATE FOR SRI. PRATEEK RATH., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27552 CMP No. 582 of 2025 THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., 1996 R/W RULE 2 OF SCHEME FOR APPOINTMENT OF ARBITRATOR BY KARNATAKA HIGH COURT., PRAYING APPOINT A SUITABLE AND INDEPENDENT PERSON AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 14 LETTER OF AWARD DATED 6.02.2019 AT ANNEXURE - B AND CLAUSE 29 OF GENERAL CONDITIONS OF CONTRACT ACT AT ANNEXURE - C ALL FORMS PART AND PARCEL OF CONSTRUCTIONS CONTRACT DATED 20.05.2019 AT ANNEXURE - A TO ADJUDICATE ALL THE DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT AND FOR SUCH OTHER ORDERS AND DIRECTIONS AS THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petition is for the appointment of a sole arbitrator with the petitioner raising a claim in excess of Rs.2.5 Crores. The petitioner has caused notice as contemplated under Section 21 of the Arbitration and Conciliation Act, 1996 [for short, the 'Act'] on 23.08.2025 nominating a sole arbitrator, but the respondent has caused no reply. - 3 - HC-KAR NC: 2026:KHC:27552 CMP No. 582 of 2025 When queried, Ms. Shri Raksha, the learned counsel who appears for the respondent, submits that the petition could indeed be allowed appointing a sole arbitrator to enter reference of the dispute. Sri Dwarakanath H S, the learned counsel for the petitioner, is heard, and Sri I.S. Antin, a retired District Judge, is appointed as the sole arbitrator to enter reference of the dispute between the petitioner and the respondent. ORDER [a] The petition is allowed. [b] Sri I.S. Antin, a retired District Judge, is appointed as the sole Arbitrator to enter reference of the dispute between the petitioner and the respondent and conduct the proceeding at the Arbitration and Conciliation Centre (Domestic and International), - 4 - HC-KAR NC: 2026:KHC:27552 CMP No. 582 of 2025 Bengaluru according to the Rules governing the Centre. All questions are left open for due consideration. [c] The Registry is directed to communicate this order [by e-mail] to the Arbitration and Conciliation Centre (Domestic and International), Bengaluru and also to Sri I.S.Antin, No.23, ‘Basava’, Venkatappa Road, Taskar Town, Off. Queens Road, Bengaluru – 560 051 e- mail: isantin51@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 NV