Allowed¶30

M/S Swabhimani Bharath v. M/S Hotel Chetan International

Arbitration and Conciliation Act, 1996, S.11 – Appointment of Arbitrator

Karnataka HC17 Sept 2025CMP/328/2025

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What is this about?

Section 11 Arbitration and Conciliation Act 1996 appointment of arbitrator; Clause 27 of Construction Agreement dated 16.02.2024; Swabhimani Bharath Constructions Private Limited v. Hotel Chetan International; Dr. S.B.N. Prakash, retired District Judge, appointed Arbitrator; appearance before Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru on 03.11.2025; petition allowed by Justice E.S. Indiresh on 17.09.2025.

What did the court decide?

Appointment of Dr. S.B.N. Prakash, retired District Judge, as Arbitrator; parties directed to appear before the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, on 03.11.2025, without waiting for further notice. ¶30

M/S Swabhimani Bharath Vs M/S Hotel Chetan International — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:37053 CMP No. 328 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL MISC. PETITION NO.328 OF 2025

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BETWEEN:

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M/S. SWABHIMANI BHARATH CONSTRUCTIONS PRIVATE LIMITED NO.65/2, I FLOOR, A ANAGHA ENCLAVE, PIPELINE ROAD, HOYSALANAGARA, SUNKADAKATTE, BENGALURU - 560091. BY ITS ASSISTANT MANAGER, PLANNING AND CO-ORDINATION, KUMARI JNANITHA N.

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…PETITIONER

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(BY SRI. SRINIVASA D.C., ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA

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M/S. HOTEL CHETAN INTERNATIONAL BY ITS MANAGING PARTNER, SRI BYREGOWDA H C, NO.121, 6^TH CROSS, GANDHINAGARA, BENGALURU-560009. ALSO AT NO.1288/3, I CROSS, KHB COLONY, NEAR ROHAN INTERNATIONAL SCHOOL, GOVINDARAJNAGAR, BENGALURU-560079.

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NC: 2025:KHC:37053 CMP No. 328 of 2025

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HC-KAR

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…RESPONDENT

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(BY SRI. SATEESHA M.G., ADVOCATE)

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THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT AN ARBITRATOR TO DECIDE ALL THE DISPUTES EXISTING BETWEEN THE PETITIONER AND THE RESPONDENT IN ACCORDANCE WITH CLAUSE 27 OF THE CONSTRUCTION AGREEMENT DATED 16.02.2024, VIDE ANNEXURE A.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator in terms of Clause 27 of the Construction Agreement dated 16.02.2024, vide Annexure-A.

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Having taken note of the submissions made by the learned counsel appearing for the parties, and taking into account that the dispute has to be resolved by an Arbitrator in terms of the provisions contained under Clause 27 of the Construction Agreement dated 16.02.2024, I am of the view

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3 - NC: 2025:KHC:37053 CMP No. 328 of 2025

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HC-KAR

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that, Dr. S.B.N. Prakash, retired District Judge be appointed as

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the Arbitrator to resolve the dispute between the parties.

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Accordingly, the Civil Miscellaneous Petition is allowed.

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Dr. S.B.N. Prakash, retired District Judge is hereby appointed as the Arbitrator.

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For early disposal of the dispute, since the parties are represented through their learned counsel, parties are directed to appear before the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, on 03.11.2025, without waiting for further notice in this regard. On appearance of the parties, learned Arbitrator is requested to dispose of the matter.

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The Registry is directed to communicate this order to the Arbitration Centre, Khanija Bhavan, Race Course Road, Bengaluru, and also to Dr. S.B.N. Prakash, retired District Judge, forthwith.

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SD/(E.S.INDIRESH) JUDGE

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sac List No.: 1 Sl No.: 17

M/S Swabhimani Bharath v. M/S Hotel Chetan International

Case brief

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M/S Swabhimani Bharath v. M/S Hotel Chetan International

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