Sri Padmanabha N Vs Sri v Mohan Kumar

SRI PADMANABHA N, S/O. NARAYAN.T, AGED ABOUT 46 YEARS, R/AT NO.406, HARSHITA NILAYA, ANNAPOORNESHWARI EXTENSION, LOHITH NAGAR, NELAMANGALA, BENGALURU RURAL DISTRICT-562 123.

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…PETITIONER

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(BY SRI RAVI S K, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI V MOHAN KUMAR, S/O. LATE VENKATAPPA, AGED ABOUT 54 YEARS, NO.4, 1^ST MAIN ROAD, ANJANEYA TEMPLE ROAD, JAYANAGAR 1^ST BLOCK EAST, BYRASANDRA, BENGALURU-560 011.

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(RESPONDENT SERVED)

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…RESPONDENT

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THIS CMP IS FILED UNDER SEC. 11(6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 2(b) OF THE MEMORANDUM OF UNDERSTANDING DATED 19.06.2020 AT ANNEXURE-B.

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NC: 2025:KHC:40483 CMP No. 601 of 2024

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HC-KAR

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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 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. "Allow the present Civil Miscellaneous Petition and appoint a Sole Arbitrator under the Arbitration and Conciliation act, 1996 in terms of article 2(b) of the memorandum of understanding dated 19.06.2020 at Annexure-b; and

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b. Grant such other relief, reliefs or Orders as this Court deems fit on the facts and circumstances of the case in the interest of justice and equity."

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The Petitioner and Respondent initially had entered into an agreement of sale dated 11.02.2020 which is governed by an Arbitration Clause in terms of Clause 2(b), which is reproduced hereunder for easy reference:

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"2(b) Arbitration: In the event of any dispute or difference whatsoever arising out of or relating to this MOU and/or Agreement / Contract, or any agreement / contract entered among the same parties, including any question regarding its construction, meaning, scope, operation, application, interpretation, implementation, existence, validity or termination, if any shall be resolved amicably and any claim arising out of or relating to this MOU and/or Agreement that cannot be resolved by the parties or mediation will be settled by final and binding arbitration by the sole arbitrator to be

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NC: 2025:KHC:40483 CMP No. 601 of 2024

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HC-KAR

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appointed by mutual consent and it shall be in accordance with the Indian Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English language and place of arbitration is Bengaluru."

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In pursuance thereto, a further memorandum of understanding was entered into on 19.06.2022 between the Petitioner and the Respondent along with one Smt.R.Lavanya as a confirming party, which is also governed by an Arbitration Clause in terms of Clause 2(b).

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The Petitioner invoked the Arbitration Clause on account of certain disputes which had arisen and issued a notice on 10.08.2023 nominating its Arbitrator. The said notice though served on the respondent on 12.08.2023, no reply having been received, the Petitioner has approached this Court seeking for the aforesaid reliefs.

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Notice having been issued to the respondent. Though notice having been served on the respondent, there is no appearance on the part of the respondent.

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NC: 2025:KHC:40483 CMP No. 601 of 2024

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HC-KAR

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A perusal of the Memorandum of Understanding

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dated 11.02.2020 and 19.06.2020 indicate that both the Memorandum of Understanding are governed by an Arbitration Clause. The petitioner has rightly invoked the Arbitration Clause in a proper manner. Notice having been served on the respondent, respondent has not replied to within 30 days. 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. Sri Justice H.N.Nagamohan Das, a 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.

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

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iv. Since the order is passed in the presence of the leaned counsel for the petitioner, the petitioner shall appear before the Director, Arbitration and

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NC: 2025:KHC:40483 CMP No. 601 of 2024

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HC-KAR

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Conciliation Centre without requirement of any notice on 27.10.2025 at 2.30 p.m.

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SD/(SURAJ GOVINDARAJ) JUDGE

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KTY List No.: 1 Sl No.: 74

Sri Padmanabha N v. Sri v Mohan Kumar

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Sri Padmanabha N v. Sri v Mohan Kumar

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