Smt. Rathnamma Vs Sri Arun R — Karnataka HC (2025) — LawSathi Research

Smt. Rathnamma Vs Sri Arun R — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

CMP allowed; dispute referred to mediation with the Director, Karnataka Mediation Centre to appoint a mediator (parties to appear on 16.12.2025 at 02.30 p.m.); on success, the mediation report to be placed before the Court; on failure, the file to be forwarded to the Director, Arbitration and Conciliation Centre, where Hon'ble Justice Shri. P.Krishna Bhat, Former Judge of this Court, is appointed sole arbitrator under the aegis of the Arbitration Centre attached to the Court; all contentions kept open; Registry to return original/certified copies to the producing parties.

Issue for consideration

Whether the Court should appoint Hon'ble Shri Kukkaje Ramakrishna Bhat, Retired District Judge, as sole arbitrator under Section 11(6) of the Arbitration and Reconciliation Act, 1996, in accordance with Clause 21 of the Agreement dated 11.09.2023, pursuant to the petitioner's legal notice dated 19.06.2025. +1 more

Court's answer

The Civil Misc. Petition is allowed.

Ratio / Principle

The matter is referred to mediation; the Director, Karnataka Mediation Centre is to appoint a mediator to resolve the dispute between the parties, and the parties are directed to appear before the Director, Karnataka Mediation Centre on 16.12.2025 at 02.30 p.m.

Key takeaways

In the event of mediation being successful, the successful mediation report is to be placed before this Court.ratio¶48
In the event of mediation not being successful, the Director, Mediation Centre, is directed to forward the copy of the file to the Director, Arbitration and Conciliation Centre.ratio¶49
Hon'ble Justice Shri. P.Krishna Bhat, Former Judge of this Court, is appointed as sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court.

Detailed headnote1 paragraphs

Civil Misc. Petition No. 408 of 2025, filed under Section 11(6) of the Arbitration and Reconciliation Act, 1996 (short title as printed), by six members of the Ranganath family (including one minor represented through his father/GPA holder Suresh Kumar) against Sri Arun R, praying for appointment of Hon'ble Shri Kukkaje Ramakrishna Bhat, Retired District Judge, as sole arbitrator in accordance with Clause 21 of the agreement dated 11.09.2023 (Annexure-A), following the petitioner's legal notice dated 19.06.2025 (Annexure-D). Held (Suraj Govindaraj J., 05.12.2025): the CMP is allowed; the matter is referred to mediation, with the Director, Karnataka Mediation Centre to appoint a mediator and the parties to appear on 16.12.2025 at 02.30 p.m.; if mediation succeeds, the report is to be placed before the Court; if it fails, the file is to be forwarded to the Director, Arbitration and Conciliation Centre, where Hon'ble Justice Shri. P.Krishna Bhat, Former Judge of the Court, is appointed sole arbitrator under the aegis of the Arbitration Centre attached to the Court; all contentions kept open. Note: the arbitrator prayed for (Kukkaje Ramakrishna Bhat, Retired District Judge) differs from the arbitrator appointed (P.Krishna Bhat, Former Judge); both are recorded here exactly as printed.

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NC: 2025:KHC:51454 CMP No. 408 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CIVIL MISC. PETITION NO. 408 OF 2025

BETWEEN:

SMT. RATHNAMMA W/O LATE RANGANATH, AGED ABOUT 66 YEARS,

SRI SURESH KUMAR R S/O LATE RANGANATHA AGED ABOUT 42 YEARS

SMT. USHA K W/O SURESH KUMAR R AGED ABOUT 39 YEARS

SIDDARTH S S/O SURESH KUMAR R AGED ABOUT 18 YEARS

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

MASTER VISHWAS S S/O SURESH KUMAR R AGED ABOUT 17 YEARS MINOR REPRESENTED BY HIS FATHER REPRESENTED BY HER GPA HOLDER SURESH KUMAR

SMT. R BHAVANI D/O LATE RANGANATH AGED ABOUT 39 YEARS REPRESENTED BY HER GPA HOLDER SURESH KUMAR

ALL PETITIONERS ARE RESIDING AT

4^TH CROSS, 3^RD MAIN, KOLARAMMA BADAVANE

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NC: 2025:KHC:51454 CMP No. 408 of 2025

HC-KAR

KOLAR TOWN, KOLAR - 563101

…PETITIONERS

(BY SRI. GIRISHKUMAR R., ADVOCATE FOR SRI. ABHINAG.S., ADVOCATE)

AND:

SRI ARUN R S/O LATE RAMANJANEYA AGED ABOUT 48 YEARS R/AT 1^ST MAN ROAD GARUDACHARIPALYA WHITEFIELD ROAD BANGALORE - 560048

…RESPONDENT

(BY SRI. MURALIDARA R., ADVOCATE)

THIS CMP IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND RECONCILIATION ACT, 1996 PRAYING TO APPOINT HONBLE SHRI. KUKKAJE RAMAKRISHNA BHAT, RETIRED DISTRICT JUDGE, AS SOLE ARBITRATOR IN ACCORDANCE WITH CLAUSE 21 OF THE AGREEMENT DATED 11.09.2023 AT ANNEXURE - A AS REFERRED BY THE PETITIONER IN LEGAL NOTICE DATED 19.06.2025 AT ANNEXURE – D AND ETC.

THIS CMP, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

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

A. Appoint Hon’ble Shri Kukkaje Ramakrishna Bhat, Retired District Judge, as sole Arbitrator in accordance with Clause 21 of the Agreement dated 11.9.2023 at Annexure-A as referred by

3 - NC: 2025:KHC:51454 CMP No. 408 of 2025

HC-KAR

the petitioner in legal notice dated: 19.06.2025 at Annexure-D.

B. Alternatively, this Hon’ble Court may be pleased to appoint any other person/s as sole Arbitrator for adjudication of the dispute that has arisen between the petitioners and the Respondent.

C. Grant such other relief/s as this Hon’ble Court deems fit, in the facts and circumstances of the case, in the interest of justice and equity.

After arguing for some time, both the counsels submit that the matter could be referred to mediation to try and explore the possibility of arriving at amicable resolution and in the event of amicable resolution not possible, an Arbitrator could be appointed.

In that view of the matter, I pass the following:

ORDER

i) CMP is allowed .

ii) The matter is referred to mediation. The Director, Karnataka Mediation Centre to appoint a mediator to resolve the dispute between the parties. The parties are directed to appear before the Director, Karnataka Mediation Centre on 16.12.2025 at 02.30 p.m.

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NC: 2025:KHC:51454 CMP No. 408 of 2025

HC-KAR

iii) In the event of mediation being successful, the successful mediation report to be placed before this Court.

iv) In the event of mediation not being successful, the Director, Mediation Centre, is directed to forward the copy of the file to the Director, Arbitration and Conciliation Centre.

v) Hon’ble Justice Shri.P.Krishna Bhat, Former Judge of this Court is appointed as a sole Arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to this Court under the aegis of the Arbitration Centre attached to this Court.

vi) All contentions are kept open.

vii) Registry is directed to return the original and/or certified copies, if produced, to the respective parties who have produced it/them by following due procedure.

SD/(SURAJ GOVINDARAJ) JUDGE

LN List No.: 1 Sl No.: 72