Allowed¶37

Sri Babu Shunmugam v. Sri K a Murthy

Karnataka HC21 Nov 2025CMP/512/2024

Case brief

AI extract

What is this about?

Arbitration — appointment of sole arbitrator — Section 11(6), Arbitration and Conciliation Act, 1996 — clause 11 of agreement dated 21/05/2021 — respondent's no-objection with all contentions (including execution of agreement) left open — Shri Justice H.G. Ramesh, former Acting Chief Justice, appointed sole arbitrator — aegis of Arbitration Centre attached to High Court of Karnataka — counsels to appear before Director, Arbitration & Conciliation Centre on 04.12.2025 at 2.30 p.m. without notice — CMP No. 512 of 2024 — Suraj Govindaraj J.

What did the court decide?

Appointment of Shri Justice H.G. Ramesh, former Acting Chief Justice of the High Court of Karnataka, as sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to the Court, with all contentions left open. ¶37

Sri Babu Shunmugam Vs Sri K a Murthy — Arbitration | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an arbitrator should be appointed in accordance with clause 11 of the agreement dated 21/05/2021 (Annexure A) under Section 11(6) of the Arbitration and Conciliation Act, 1996, to adjudicate the disputes between the parties.

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Court's answer

The petition is allowed and Shri Justice H.G. Ramesh, former Acting Chief Justice of the Court, is appointed as sole arbitrator to arbitrate the dispute between the parties under the aegis of the Arbitration Centre attached to the Court.

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Ratio / Principle

All contentions of the parties are left open.

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Key takeaways

Since the order was passed in the presence of both counsels, the counsels are directed to appear before the Director, Arbitration & Conciliation Centre without requirement of any notice at 2.30 p.m. on 04.12.2025.obiter¶44
Registry is directed to forward a copy of the order to the Director, Arbitration & Conciliation Centre for doing the needful.obiter¶39

Detailed headnote1 paragraphs

Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 by four petitioners seeking appointment of a retired judge of the Court as arbitrator in accordance with clause 11 of the agreement dated 21/05/2021 (Annexure A) to adjudicate disputes with the respondent. Learned counsel for the respondent submitted that the respondent had no objection to the appointment of an arbitrator so long as all contentions, including that of execution of the agreement, were left open. Allowing the petition, the Court appointed Shri Justice H.G. Ramesh, former Acting Chief Justice of the Court, as sole arbitrator under the aegis of the Arbitration Centre attached to the Court; directed the Registry to forward a copy of the order to the Director, Arbitration & Conciliation Centre; and directed the counsels to appear before the Director without notice at 2.30 p.m. on 04.12.2025. All contentions were left open.

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NC: 2025:KHC:48377 CMP No. 512 of 2024

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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 21^ST DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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CIVIL MISC. PETITION NO. 512 OF 2024

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BETWEEN:

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SRI BABU SHUNMUGAM AGED ABOUT 49 YEARS S/O. SHUNMUGAM, RESIDING AT NO.24/2, STEPHEN'S ROAD, FRAZER TOWN, BENGALURU-560005.

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SRI. PRABHAKAR REDDY AGED ABOUT 59 YEARS S/O. KRISHNA REDDY. R, RESIDING AT NO.2250, 15TH C CROSS, 22ND B MAIN, HSR LAYOUT, 1ST SECTOR, BENGALURU-560102.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI. SHANTHI KUMAR CHELLURI AGED ABOUT 60 YEARS S/O. SUBBARAO, RESIDING AT 02, 19TH MAIN, 14TH SECTOR, NEAR KSRTC BUS STOP, HSR LAYOUT, BENGALURU 560102.

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SRI. H. S. SUDHEENDRA AGED ABOUT 67 YEARS S/O. SHESHAGIRI SHARMA, RESIDING AT NO.3, 1ST MAIN ROAD, VENKATESHWARA LAYOUT, HEROHALLI, ANDRAHALI MAIN ROAD, VISHWANEEDAM NORTH, BENGALURU - 560091.

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…PETITIONERS

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(BY SRI. JAGADEESH BABU B N, ADVOCATE)

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2 - NC: 2025:KHC:48377 CMP No. 512 of 2024

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HC-KAR

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AND:

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SRI K A MURTHY AGED ABOUT 67 YEARS, S/O. LATE K. P. ANNE GOWDA RESIDING AT FLAT NO.194, TOWER-5, PEBBLE BAY APARTMENT, RAMAKRISHNAPPA LAYOUT, NAGASETTY HALLI, R.M.V 2ND STAGE, BENGALURU-560 094.

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ALSO AT MOHINI VILLA APARTMENTS, NO.22-F-03, MOHINI VILLA ROAD, LANGFORD TOWN, BENGALURU - 560027.

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…RESPONDENT

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(BY SRI. NEERAJ RAJIV SHIVAM, ADVOCATE)

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THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT A RETIRED JUDGE OF THIS HONBLE COURT IN ACCORDANCE WITH CLAUSE 11 OF THE AGREEMENT DT: 21/05/2021 (ANNEXURE A) TO ADJUDICATE THE DISPUTES BETWEEN THE PARTIES IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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1. The petitioner is before this Court seeking for the

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following relief’s;

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Wherefore this Honble Court be pleased to appoint a retired judge of this Honble Court in accordance with clause 11 of the agreement dt: 21/05/2021 (Annexure A) to adjudicate the disputes between the parties in the interest of justice.

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After arguing for sometime, learned counsel for the

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respondent submits that the respondent has no

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3 - NC: 2025:KHC:48377 CMP No. 512 of 2024

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HC-KAR

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objection for an appointment of arbitrator to arbitrate the disputes between the parties, so long as all the contentions including that of execution of the agreement are left open.

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

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ORDER

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i. CMP is allowed .

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ii. Shri Justice H.G.Ramesh , former Acting Chief Justice 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.

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iii. Registry is directed to forward a copy of this order to the Director, Arbitration & Conciliation Centre for doing the needful.

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iv. Since the order is passed in the presence of both the counsels, the counsels are directed to appear before the Director, Arbitration &

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NC: 2025:KHC:48377 CMP No. 512 of 2024

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HC-KAR

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Conciliation Centre without requirement of any

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notice at 2.30 p.m. on 04.12.2025.

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v. All contentions are left open.

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vi. Original and/or certified copies if produced are directed to be returned to the respective parties who have produced it/them by following due procedure.

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SD/(SURAJ GOVINDARAJ) JUDGE

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SR List No.: 1 Sl No.: 37

Sri Babu Shunmugam v. Sri K a Murthy

Case brief

What is this about?

What did the court decide?

Sri Babu Shunmugam v. Sri K a Murthy

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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