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2026 DAILYLAW 47877 (KAR)

SRI PRASAD P G v. SMARTOWNER SERVICES INDIA PRIVATE LIMITED

CMP/212/2024 · 2026-01-30

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5534 CMP No. 212 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 212 OF 2024 BETWEEN: SRI PRASAD P G S/O SRI P ISHWARA SHASTRY AGED ABOUT 50 YEARS R/O NO 5, 1ST MAIN BRINDAVAN EXTENSION ARAKERE MICO LAYOUT, BG ROAD BANGALORE 560076 …PETITIONER (BY SRI. RAVI S K., ADV.) AND: 1. SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS HAVING ITS REG. OFFICE AT 8TH FLOOR DELTA BLOCK, SIGMA TECH PARK OLD AIRPORT ROAD, WHITEFILED BENGALURU 560066 2. SILVERSTREAM DEVELOPERS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS HAVING ITS REG. OFFICE AT LEVEL 3 AND 4 EMBSSY DRAMANTE Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5534 CMP No. 212 of 2024 34 VITTAL MALYA ROAD BENGALURU 560001 3. MITCON CREDENTIA TRUTEESHIP SERVICES LIMITED EARLIER KNOWN AS MITCON TRUSTEESHIP SERVICES LTD REP BY ITS BOARD OF DIRECTOR HAVING ITS REG. OFFICE AT KUBERA CHAMBERS 1ST FLOOR, SHIVAJINAGAR PUNE 411005 …RESPONDENTS (BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA., ADV. FOR R1, R2 & R3 SERVED) THIS CIVIL MISCELLANEOUS PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1966 IN TERMS OF ARTICLE 10 OF THE MASTER SERVICE AGREEMENT DATED 28.06.2020 AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5534 CMP No. 212 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER In this petition, the petitioner is seeking the appointment of the Sole Arbitrator in terms of Article 10 of the Master Services Agreement dated 28.06.2020 at Annexure-A to resolve the dispute arising between the petitioner and respondents. 2. Heard Sri. Ravi S.K., learned counsel appearing for the petitioner; Sri. Santosh S. Nagarale, learned counsel appearing for the respondent No.1. 3. Learned counsel appearing for the parties submit that, in an identical circumstances, this Court in Civil Miscellaneous Petition No.382 of 2021 and connected petitions, by order dated 22nd February, 2022, appointed Sri. Vishwanath Angadi, retired District Judge to act as a Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru. - 4 - HC-KAR NC: 2026:KHC:5534 CMP No. 212 of 2024 4. Having heard the learned counsel appearing for the parties and on careful examination of the order passed by this Court in the aforesaid petitions, I am of the view that the similar issue is involved in the case on hand. Accordingly, Sri. Vishwanath V. Angadi, District Judge (Retired) is appointed to act as Sole Arbitrator in the Arbitration and Conciliation Centre (Domestic & International), Bengaluru as per the extent Rules. 5. All the 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 (Domestic & International), Khanija Bhavan, Bengaluru for proceeding further in the matter, and to the learned arbitrator. 7. The Registry is directed to return the original documents if any, produced by the parties, after obtaining photo copy of the same for the file. - 5 - HC-KAR NC: 2026:KHC:5534 CMP No. 212 of 2024 Accordingly, the Civil Miscellaneous Petition is disposed off. Pending application(s), if any, shall stand disposed off. Sd/- (ASHOK S.KINAGI) JUDGE SSB