Green Ocean Realty LLP Vs O B Esha

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NC: 2025:KHC:36279 CMP No. 366 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^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.366 OF 2025

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BETWEEN:

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GREEN OCEAN REALTY LLP A LIMITED LIABILITY PARTNERSHIP HAVING ITS OFFICE AT 3^RD FLOOR, NO.33, SHRAVANEE PREMIER, 100 FEET ROAD, 2^ND BLOCK, JAYANAGAR, BENGALURU 560011. REPRESENTED BY ITS DESIGNATED PARTNER, MR. PRATAP VIJAY SIMHA.

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…PETITIONER

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(BY SRI. KASHYAP N. NAIK, 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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O B ESHA

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AGED ABOUT 54 YEARS, SON OF LATE MR. BASAVARAJAPPA, RESIDING AT SANGAMESHWARA NILAYA, SANJEEVINI BATIK CENTRE, HEBBAKA ROAD, OORUKERE , TUMKUR - 572 106.

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MR. PRAJWAL SON OF O B ESHA, AGED ABOUT 20 YEARS, RESIDING AT OORUKERE POST, KASABA HOBLI, OORUKERE, TUMKURU,

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NC: 2025:KHC:36279 CMP No. 366 of 2025

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HC-KAR

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KARNATAKA - 572 106.

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MS. PRARTHANA DAUGHTER OF O B ESHA, AGED ABOUT 28 YEARS, RESIDING AT OORUKERE POST, KASABA HOBLI, OORUKERE, TUMKURU, KARNATAKA - 572 106.

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…RESPONDENTS (BY SRI. KASHINATH J.D., ADVOCATE FOR R1; V/O DATED 12.09.2025 R2 AND R3 ARE DELETED)

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THIS CMP IS FILED UNDER SEC.11(6) OF ARBITRATION AND CONCILIATION ACT., 1996., PRAYING TO APPOINT HON'BLE MR.V.V. ANGADI (RETD. DISTRICT JUDGE), OR ANY OTHER PERSON THAT THIS HONBLE COURT MAY DEEM FIT, AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES THAT HAVE ARISEN BETWEEN THE PARTIES IN TERMS OF CLAUSE NO.10.2 OF THE AGREEMENT 16.03.2024 AT ANNEXURE - A.

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THIS PETITION, COMING ON FOR ORDERS, 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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Heard the learned counsel appearing for the parties.

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In this petition, the petitioner has sought for

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appointment of an Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the

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NC: 2025:KHC:36279 CMP No. 366 of 2025

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HC-KAR

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Agreement dated 16.03.2024 (Annexure-A) in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’).

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Having taken note of the submissions made by

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the learned counsel appearing for the parties and upon perusal of Clause 10.2 of the Agreement, I am of the considered opinion that, an Arbitrator is to be appointed to adjudicate the dispute between the parties.

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Accordingly, this petition under Section 11 (6)

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of the Act, 1996 is allowed. Sri. M.S. Balakrishna, 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 (Domestic & International), Bengaluru, as per the Rules governing the said Arbitration Centre.

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All claims and contentions of any of the parties

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are left/kept open to be decided by the Arbitral Tribunal.

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NC: 2025:KHC:36279 CMP No. 366 of 2025

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HC-KAR

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A copy of this order be sent forthwith to the

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Arbitration and Conciliation Centre (Domestic &

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International), Khanija Bhavan, Bengaluru, for proceeding further in the matter.

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Registry is directed to return all original documents produced by any of the parties after obtaining Photostat copies of the same.

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Since the parties are represented through their learned counsel, in order to avoid further delay in the matter, the parties are directed to appear before the Arbitration and Conciliation Centre on 13.10.2025 at 11 am, without waiting for further notice in this regard.

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Sd/(E.S.INDIRESH) JUDGE

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SB

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List No.: 1 Sl No.: 11

Green Ocean Realty LLP v. O B Esha

Case brief

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Green Ocean Realty LLP v. O B Esha

Case brief

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