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Sri Giri Raju Vs Mrs Shilpa T — Arbitration | Karnataka HC (2025)

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Karnataka HC
2025
Sri Giri Raju Vs Mrs Shilpa TSri Giri Raju v. Mrs Shilpa T

Dismissed¶24

Sri Giri Raju v. Mrs Shilpa T

Karnataka HC10 Jul 2025CMP/65/2025

Case brief

AI extract

What is this about?

Giri Raju v. Shilpa T | CMP No. 65 of 2025 | NC: 2025:KHC:25306 | High Court of Karnataka at Bengaluru | order dated 10-07-2025 | Single Judge: Ashok S. Kinagi | Section 11(5) Arbitration and Conciliation Act | Section 21 notice invoking arbitration clause | Clause 10 Business Transfer Agreement dated 12.02.2024 | appointment of arbitrator | petition dismissed as withdrawn with liberty | pending interlocutory applications disposed of.

What did the court decide?

Liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996. ¶24

Why is it important?

The Court permitted the petitioner to withdraw the petition with liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996. ¶22

What the court decided

AI extract

Outcome

Liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996.

Issue for consideration

Whether the dispute between the petitioner and the respondent should be referred to arbitration by way of appointment of an arbitrator as per Clause 10 of the Business Transfer Agreement dated 12.02.2024.

Court's answer

The Court permitted the petitioner to withdraw the petition with liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996.

Ratio / Principle

The Civil Miscellaneous Petition was dismissed as withdrawn with the aforesaid liberty.

Detailed headnote1 paragraphs

High Court of Karnataka (Ashok S. Kinagi, J.), oral order dated 10.07.2025 in CMP No. 65 of 2025 filed under S.11(5) of the Arbitration and Conciliation Act by Giri Raju seeking referral of his dispute with Shilpa T to arbitration by way of appointment of an arbitrator as per Clause 10 of a Business Transfer Agreement dated 12.02.2024 (Annexure-1). After arguing the matter for some time, learned counsel for the petitioner sought leave to withdraw the petition with liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Act; the submission was placed on record and the petition was dismissed as withdrawn with that liberty; pending interlocutory applications, if any, stand disposed of. No adjudication on the merits; the order carries no substantive precedent value beyond the recorded liberty.

A

1 -

NC: 2025:KHC:25306 CMP No. 65 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

CIVIL MISC. PETITION NO. 65 OF 2025

BETWEEN:

SRI GIRI RAJU S/O HANUMANTHAPPA AGED ABOUT 77 YEARS, NO. 42, 5^TH CROSS, SRIRAMPURAM, BANGALORE-560021 …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

AND:

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

MRS. SHILPA T W/O RAGHUPATHY G AGED ABOUT 38 YEARS, R/A NO. 5, ADHIRAJ NILAYA, 4^TH CROSS, KANAKA ROAD, BYADARAHALLI, BANGALORE-560091

…RESPONDENT

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(5) OF ARBITRATION AND CONCILIATION ACT., PRAYING TO REFER THE DISPUTE BETWEEN THE PETITIONER AND THE RESPONDENTS TO ARBITRATION BY WAY OF APPOINTMENT OR ARBITRATOR. AS PER CLAUSE 10 OF THE BUSINESS TRANSFER AGREEMENT DATED 12.02.2024 (ANNEXURE - 1).

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

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NC: 2025:KHC:25306 CMP No. 65 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

After arguing the matter for some time, the learned counsel for the petitioner seeks leave of the Court to withdraw the petition, with liberty to invoke the arbitration clause, by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996.

Submission is placed on record.

This Civil Miscellaneous Petition is dismissed as withdrawn with the aforesaid liberty.

In view of the dismissal of the petition, pending interlocutory applications, if any, stand disposed of.

Sd/(ASHOK S.KINAGI) JUDGE

List No.: 2 Sl No.: 23

RK CT:KHV

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the dispute between the petitioner and the respondent should be referred to arbitration by way of appointment of an arbitrator as per Clause 10 of the Business Transfer Agreement dated 12.02.2024.¶15
The court held
The Court permitted the petitioner to withdraw the petition with liberty to invoke the arbitration clause by issuing a notice under Section 21 of the Arbitration and Conciliation Act, 1996.ratio¶22

Statutes considered

2 provisions across 1 enactments

AI extract

Arbitration and Conciliation Act, 199611(5)¶15 21¶22

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner filed Civil Misc. Petition No. 65 of 2025 under Section 11(5) of the Arbitration and Conciliation Act praying to refer the dispute to arbitration by way of appointment of an arbitrator.¶15
Prior proceeding
The dispute sought to be referred arises under Clause 10 of a Business Transfer Agreement dated 12.02.2024 (Annexure-1).¶15

Parties & counsel

AI extract

petitioner
SRI GIRI RAJU S/O HANUMANTHAPPA¶10
CHANDRANATH ARIGA K.
respondent
MRS. SHILPA T W/O RAGHUPATHY G¶13

Coram

AI extract

ASHOK S.KINAGIauthor¶20

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 10 Jul 2025 · July
Registered: 5 Feb 2025
Case no.: CMP/65/2025
CNR: KAHC010079592025
Topic: Arbitration
Bench: Ashok S.kinagi
Disposal: DISMISSED
Case type: CMP

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Cite this judgement

Sri Giri Raju v. Mrs Shilpa T, CMP/65/2025 (KA), decided on 10 July 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Arbitration and Conciliation Act, 199611(5) · 21

View all statutes

Procedural history2

Petitioner filed Civil Misc. Petition No. 65 of 2025 under Section 11(5) of the Arbitration and Conciliation Act praying to refer the dispute to arbitration by way of appointment of an arbitrator.
The dispute sought to be referred arises under Clause 10 of a Business Transfer Agreement dated 12.02.2024 (Annexure-1).

View full history

Bench / Coram

ASHOK S.KINAGI

Parties & counsel