Dismissed¶36

N.Muniraju v. M/S. Shree Balaji Clearing Agents Private Limited

Arbitration and Conciliation Act, 1996 – Sections 11(5) and 21

Karnataka HC10 Oct 2025CMP/576/2024

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What is this about?

Karnataka High Court, Bengaluru; CMP No. 576 of 2024 (NC: 2025:KHC:40481); Justice Suraj Govindaraj; Section 11(5) Arbitration and Conciliation Act 1996; appointment of sole arbitrator; lease agreement dated 15.03.2017; arbitration clause para 36 (Annexure-A); Section 21 notice; endorsement 'addressee left without instructions'; notice not served on respondent; petition dismissed with liberty to issue fresh notice and re-approach the Court.

What did the court decide?

Petition dismissed with liberty reserved to the Petitioner to issue fresh notice, effect service on the Respondent and then move before this Court if the Respondent does not agree with the appointment of an Arbitrator. ¶36

N.Muniraju Vs M/S. Shree Balaji Clearing Agents Private Limited — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:40481 CMP No. 576 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 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CIVIL MISC. PETITION NO. 576 OF 2024

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BETWEEN:

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N.MUNIRAJU, S/O R NAGARAJ, AGED ABOUT 50 YEARS, R/AT DOOR NO.31,MEDAHALLI 1^ST MAIN, VIRGANAGAR POST, BENGALURU-560 049.

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…PETITIONER (BY SRI SHIVAKUMAR.R.I & SRI MANJUNATH K, ADVOCATES)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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M/S. SHREE BALAJI CLEARING AGENTS PRIVATE LIMITED, NO.12, 8^TH CROSS, 1^ST STAGE, INDIRANAGAR, BANGALORE 560038.

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ALSO AT NO. SURVEY NO.205/4, KITHAGANUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE.

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REP. BY ITS DIRECTOR, SANJAY SALARIYA

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…RESPONDENT

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(RESPONDENT SERVED)

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THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) AND OF ARBITRATION AND CONCILIATION ACT 1996., PRAYING THAT THIS HON'BLE COURT BE PLEASED TO a) TO APPOINT A SUITABLE

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NC: 2025:KHC:40481 CMP No. 576 of 2024

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HC-KAR

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SOLE ARBITRATOR IN ACCORDANCE WITH ANNEXURE-A PARA 36 OF THE LEASE AGREEMENT DATED 15.03.2017 TO ADJUDICATE UPON THE DISPUTE THAT HAVE ARISEN 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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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. "To appoint a suitable sole arbitrator in accordance with Annexure-A para 36 of the lease agreement dated 15.03.2017 to adjudicate upon the dispute that have arisen between the petitioner and the respondent.

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b. Grant such other relief as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

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A perusal of the postal track record which has been produced indicates that the notice which had been issued by the petitioner has been returned with the endorsement 'addressee left without instructions'.

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Thus a notice under Section 21 of the Arbitration and Conciliation Act, 1996, has not been served on the

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NC: 2025:KHC:40481 CMP No. 576 of 2024

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HC-KAR

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respondent. In that view of the matter, the above petition

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cannot be proceeded with.

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Petition stands dismissed , reserving liberty to the Petitioner to issue fresh notice, effect service on the Respondent and then move before this Court if Respondent does not agree with the appointment of an Arbitrator.

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SD/(SURAJ GOVINDARAJ) JUDGE

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KTY List No.: 1 Sl No.: 73

N.Muniraju v. M/S. Shree Balaji Clearing Agents Private Limited

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N.Muniraju v. M/S. Shree Balaji Clearing Agents Private Limited

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