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High Court of Karnataka · body

2026 DAILYLAW 2931 (KAR)

SRI Y SURYANARAYANA v. MRS. B K SENDAMARAI

CMP/696/2025 · 2026-04-09

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19866 CMP No. 696 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 696 OF 2025 BETWEEN: 1. SRI. Y. SURYANARAYANA, S/O. SRI. Y. JANARDHAN SETTY, AGED ABOUT 46 YEARS, RESIDING AT NO.SITE NO.3, 3RD MAIN, BESIDE KALPATARUVU APARTMENT, PUTTENAHALLI, J.P.NAGAR 6TH PHASE, BENGALURU - 560 078. 2. SRI.S.SATISH BABU, S/O. SRI S. SUBRAMANYAM, AGED ABOUT 47 YEARS, PRESENTLY RESIDING AT FLAT NO.301, SITE NO.544, AISHWARYAM OPULENCE, BEML 3RD STAGE, RR NAGAR, BENGALURU - 560 098. MOB: 9663853393. …PETITIONERS (BY SMT.USHA V HEGDE, ADVOCATE) AND: MRS. B.K.SENDAMARAI, AGED ABOUT 70 YEARS, D/O. MR. P. BRAMMENDRAN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19866 CMP No. 696 of 2025 W/O. MR. N. KRISHNAMURTHY, RESIDING AT NO.2886/20, 20/1, 14TH MAIN, 2ND STAGE, E BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENT (BY SRI. VIVEKANANDA D., ADVOCATE) THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE SOLE ARBITRATOR TO DECIDE THE DISPUTE BETWEEN THE PETITIONER AND RESPONDENT OR IN THE ALTERNATIVE. 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 parties. 2. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1966') seeking appointment of an Arbitrator as per Clause 28 of the Joint Development Agreement dated 21st September, 2020 at Annexure-A. - 3 - HC-KAR NC: 2026:KHC:19866 CMP No. 696 of 2025 3. Taking into consideration the Clause 28 of the JDA at Annexure A, as well as the submission made by the learned counsels for the parties, I am of the view that the appointment of arbitrator is necessitated. 4. Therefore, Sri. M. Ramesh Rao, retired District Judge is appointed to act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the extant Rules. 5. All claims and contentions of the parties are kept open to be decided by the Arbitral Tribunal. 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 copies of the same for the file. 8. Since the parties are represented through their learned counsels, parties are directed to appear before the - 4 - HC-KAR NC: 2026:KHC:19866 CMP No. 696 of 2025 Arbitration and Conciliation Centre on 18.05.2026 at 11:00 am, to enable the learned Arbitrator to take further action in the matter. Accordingly, Civil Miscellaneous Petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE MKM List No.: 2 Sl No.: 31