M/S Shree Vaikuntam Life Spaces Pvt. Ltd. Vs Mrs. Latha Suresh Bhandary

M/S. SHREE VAIKUNTAM LIFE SPACES PVT. LTD., REGISTERED OFFICE AT NO.10-10-427/1, LAXMAN COMMERCIAL COMPLEX, GOLIKATTA BAZAR, BUNDER, MANGALURU - 575 001. REP. BY ITS MANAGING DIRECTOR, MR. KARKALA ANANTH KAMATH.

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…PETITIONER

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(BY SRI RAKESH KINI, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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MRS. LATHA SURESH BHANDARY, AGED ABOUT 64 YEARS, W/O SURESH BHANDARY, R/AT KALASH, 2^ND CROSS, BEHIND M M BEKARY KALBAVI, NEAR KODICAL SCHOOL, ASHOK NAGAR, MANGALURU - 575 006. …RESPONDENT (BY SRI DHANANJAY KUMAR, ADVOCATE FOR R-1 TO R-3) THIS CMP IS FILED UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT, PRAYING TO APPOINT A SOLE ARBITRATOR INTERMS OF CLAUSE 24 OF THE AGREEMENT DATED 29.05.2023 (DOCUMENT NO. 1) AND AS PER THE ARBITRATION NOTICE DATED 02.04.2025, ISSUED BY THE PETITIONER AT (DOCUMENT NO. 5), FOR THE PURPOSE OF ADJUDICATING THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENT.

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

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2 -

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NC: 2025:KHC:42235 CMP No. 392 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs;

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a. 'Appoint a sole Arbitrator in terms of Clause 24 of the Agreement dated 29.05.2023 (Document No. 1) and as per the Arbitration Notice dated 02.04.2025, issued by the Petitioner at (Document No. 5), for the purpose of adjudicating the dispute between the Petitioner and the Respondent.

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b. Pass such other order/s as this Hon'ble Court deems fit to grant in the circumstances of the case, including an order as to the costs of the present Petition, in the interest of justice and equity."

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After arguing for sometime, both the counsels submit the matter could be referred to arbitration of a sole arbitrator, by leaving all the conditions open and the arbitration being held in Mangalore city.

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