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2026 DAILYLAW 6298 (KAR)

SRI. R KRISHNA MURTHY v. M/S AIRCEL LIMITED

CMP/517/2024 · 2026-04-21

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21963 CMP No. 517 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO. 517 OF 2024 BETWEEN: 1. SRI. R KRISHNA MURTHY AGED ABOUT 69 YEARS, SON OF LATE SRI.Y. RAMAKRISHNA 2. SMT. PARVATHI DEVI N., AGED ABOUT 65 YEARS, W/O. SRI. R.KRISHNA MURTHY 3. SRI. P. S. RAKESH KUMAR, AGED ABOUT 48 YEARS, S/O. SRI. PARASHURAM 4. SMT K LATHA AGED ABOUT 41 YEARS, W/O. SRI. P. S. RAKESH KUMAR ALL ARE RESIDING AT : NO.163, 9TH MAIN, RMV EXTENSION, SADASHIVANAGAR, BENGALURU 560 080. …PETITIONERS (BY SRI. SHREERAM TIMMAPPA NAYAK.,ADVOCATE) AND: 1. M/S AIRCEL LIMITED PRESENTLY KNOWN AS : GTL INFRASTRUCTURE LIMITED, REPRESENTED BY ITS AUTHORIZED SIGNATORY, CIRCLE BUSINESS HEAD Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21963 CMP No. 517 of 2024 O/A. 5TH FLOOR, SPENCER PLAZA, 769, ANNA SALAI, CHENNAI 600 002. ALSO AT : NO.2 AND 5, CANNUT ROAD, TUSKAR TOWN, NEAR KAMALA BAI SCHOOL, QUEENS ROAD, BENGALURU 560 052. ALSO AT : NO. 412, JANMABHOOMI CHAMBERS, 29, WALCHAND HIRACHAND MARG, BALLARD ESTATE, MUMBAI, MAHARASHTRA 400 001. …RESPONDENT (SERVED - remained absent) ------ CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO NOMINATE AND APPOINT A SOLE ARBITRATOR TO ADJUDICATE UPON THE DISPUTES BETWEEN PETITIONERS AND RESPONDENT IN REFERENCE TO CLAUSE 7 OF THE LEASE AGREEMENT DATED 31.05.2009 AS PER ANNEXURE-A ENTERED BETWEEN PETITIONER AND THE RESPONDENT HEREIN & ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:21963 CMP No. 517 of 2024 ORDER Heard learned counsel appearing for the petitioners. Respondent served, remained absent. 2. In this petition, the petitioners have sought for appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in reference to Clause 7 of the Lease Agreement dated 31.05.2009 (Annexure-A), in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’). 3. Having taken note of the submissions made by the learned counsel for the petitioner and upon perusal of Clause 7 of the Lease Agreement dated 31.05.2009 (Annexure-A), I am of the considered opinion that, a Arbitrator is to be appointed to adjudicate the dispute between the parties. 4. Accordingly, this petition under Section 11 (6) of the Act, 1996 is allowed. Sri.M.G.Sudeendra, Retired District Judge is appointed to enter into the said reference of Arbitration and act as the Sole Arbitrator in the present case in the Arbitration and Conciliation Centre, Bengaluru, as per the Rules governing the said Arbitration Centre. - 4 - HC-KAR NC: 2026:KHC:21963 CMP No. 517 of 2024 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 all original documents produced by any of the parties after obtaining Photostat copies of the same. Accordingly, the petition is disposed of. SD/- (E.S.INDIRESH) JUDGE RS/List No.: 2 Sl No.: 32