Mrs Kuchibhotla Mythilee Rao Vs Smartowner Services India Private Limited

CIVIL MISC. PETITION NO. 204 OF 2024 CIVIL MISC. PETITION NO. 205 OF 2024 CIVIL MISC. PETITION NO. 208 OF 2024 CIVIL MISC. PETITION NO. 209 OF 2024 CIVIL MISC. PETITION NO. 271 OF 2024 CIVIL MISC. PETITION NO. 300 OF 2024 CIVIL MISC. PETITION NO. 304 OF 2024 CIVIL MISC. PETITION NO. 312 OF 2024 CIVIL MISC. PETITION NO. 317 OF 2024 CIVIL MISC. PETITION NO. 322 OF 2024 CIVIL MISC. PETITION NO. 326 OF 2024 CIVIL MISC. PETITION NO. 330 OF 2024 CIVIL MISC. PETITION NO. 331 OF 2024 CIVIL MISC. PETITION NO. 332 OF 2024 CIVIL MISC. PETITION NO. 333 OF 2024 CIVIL MISC. PETITION NO. 353 OF 2024 CIVIL MISC. PETITION NO. 375 OF 2024 CIVIL MISC. PETITION NO. 413 OF 2024 CIVIL MISC. PETITION NO. 375 OF 2025

¶10

HC-KAR

¶11

2 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶12

IN CMP No. 202/2024 BETWEEN:

¶13

MRS. KUCHIBHOTLA MYTHILEE RAO W/O SRI KUCHIBHOTLA SURYANARAYANA RAO, AGED ABOUT 54 YEARS, RESIDING AT A12-102, SHRIRAM CHIRPING WOODS HARALUR ROAD, KASAVANAHALLI BANGALORE - 560102.

¶14

…PETITIONER

¶15

(BY SRI. RAVI S K., ADVOCATE)

¶16

AND:

¶17

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶18

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶19

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶20

HILLSBOROUGH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS

¶21

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶22

3 -

¶23

HC-KAR

¶24

8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶25

KARNATAKA, INDIA - 560066.

¶26

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶27

…RESPONDENTS

¶28

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5 SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 V/O DATED 24.10.2025 SERVICE OF NOTICE IN R/O R4 H/S)

¶29

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 12.11.2018 AT ANNEXURE-A.

¶30

IN CMP No. 204/2024

¶31

BETWEEN:

¶32

MRS. TINY SHAJI W/O SRI SHAJI ANTONY AGED ABOUT 55 YEARS R/AT C-602, VASWANI PINNACLE

¶33

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶34

4 -

¶35

WHITEFIELD MAIN ROAD BENGALURU – 560 066.

¶36

…PETITIONER

¶37

(BY SRI. RAVI S K., ADVOCATE)

¶38

AND:

¶39

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶40

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶41

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶42

WATERBURY PROPERTIES LLP REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶43

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4,

¶44

5 -

¶45

HC-KAR

¶46

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶47

EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶48

…RESPONDENTS

¶49

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1

¶50

V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK NOT FILED)

¶51

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5 SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 V/O DATED 24.10.2025 SERVICE OF NOTICE IN R/O R4 H/S)

¶52

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 23.03.2018 AT ANNEXURE-A.

¶53

IN CMP No. 205/2024

¶54

BETWEEN:

¶55

MRS. SAMEENA PRAVEEN W/O RIZWAN AHMED AGED ABOUT 56 YEARS R/AT No.10, 3^RD FLOOR MUNESHWARA TEMPLE STREET COLES ROAD CROSS FRAZER TOWN BANGALORE – 560 005 REP. BY HER SPA HOLDER RIZWAN AHMED

¶56

…PETITIONER

¶57

(BY SRI. RAVI S K., ADVOCATE)

¶58

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶59

6 -

¶60

HC-KAR

¶61

AND:

¶62

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶63

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶64

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶65

ANTIOCH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶66

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶67

…RESPONDENTS

¶68

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶69

7 -

¶70

HC-KAR

¶71

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1

¶72

V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK NOT FILED)

¶73

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5

¶74

SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2

¶75

SRI. CHANDRACHOODA R N., ADVOCATE FOR R3

¶76

V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

¶77

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 11.06.2019 AT ANNEXURE-B.

¶78

IN CMP No. 208/2024

¶79

BETWEEN:

¶80

MRS. DIPANWITA JAKKULA W/O MR. GANGA PRASAD JAKKULA AGED ABOUT 46 YEARS R/AT F 6, JANHAVI MEADOWS YELEHAHALLI BANGALORE – 560 068

¶81

…PETITIONER

¶82

(BY SRI. RAVI S K., ADVOCATE)

¶83

AND:

¶84

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD,

¶85

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶86

8 -

HC-KAR

WHITEFIELD,

BENGALURU - 560 066.

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶91

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶92

HILLSBOROUGH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶93

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶94

…RESPONDENTS

¶95

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1(VK NOT FILED) SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5 SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2

¶96

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶97

9 -

¶98

HC-KAR

¶99

SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

¶100

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 05.11.2018 AT ANNEXURE-A.

¶101

IN CMP No. 209/2024

¶102

BETWEEN:

¶103

MR. MOHAMMED SADIQ SOHAIL S/O MOHAMMED YAKOOB AGED ABOUT 64 YEARS R/AT No. Appellate Tribunal 2C, ARCOT VILLA No.18, MOSQUE ROAD, FRAZER TOWN BANGALORE KARNATAKA 560 005 REPRESENTED BY HIS POA HOLDER RIZWAN AHMED

¶104

…PETITIONER

¶105

(BY SRI. RAVI S K., ADVOCATE)

¶106

AND:

¶107

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶108

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶109

10 -

¶110

HC-KAR

¶111

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶112

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶113

HILLSBOROUGH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶114

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶115

…RESPONDENTS

¶116

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5 SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED)

¶117

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE

¶118

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶119

11 -

¶120

HC-KAR

¶121

PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 1905.2019 AT ANNEXURE-B.

¶122

IN CMP No. 271/2024 BETWEEN:

¶123

SMT. RASHMILATA MISHRA W/O. SRI. MANOHAR LAL MISHRA, AGED ABOUT 66 YEARS, RESIDING AT A-39, MURLI KUNCJ PANI TANKI KE PASS SONGANGA COLONY, SEEPTA ROAD, BILASPUR, CHATTISHGARH - 495 001. REP. BY HER POA HOLDER PHALGUN MADDALI, S/O. SRI. MADDALI VENKATA SATYA APPA RAO, AGED ABOUT 40 YEARS, RESIDING AT # 503, I MAIN ROAD, VYSYA BANK COLONY, SHANTINIKETAN LAYOUT, AREKERE, BANGALORE – 560076

¶124

…PETITIONER

¶125

(BY SRI. RAVI S K., ADVOCATE)

¶126

AND:

¶127

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶128

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR,

¶129

12 -

¶130

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

HC-KAR

HSR LAYOUT,

BENGALURU - 560102.

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶135

BLOOMINGTON PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶136

KARNATAKA, INDIA - 560066.

¶137

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶138

…RESPONDENTS

¶139

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1

¶140

V/O DATED 16.02.2024 SRI. SURAJ, ADVOCATE FOR R1 (VK NOT FILED)

¶141

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5 SRI. GIRI K & DEEPIKA M.S. ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3

¶142

V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S)

¶143

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A

¶144

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶145

13 -

¶146

HC-KAR

¶147

SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 23.05.2018 AT ANNEXURE-B.

¶148

IN CMP No. 300/2024 BETWEEN:

¶149

MR. MERVYN ANTONY, S/O. SRI ALBERT ANTHONY, AGED ABOUT 37 YEARS, RESIDING AT # NO. 11 HOLLY TRAIL, HOPKINTON, MA 01748, USA. REP. BY HIS SPA HOLDER MR. RAMESH SAGERE, S/O. LATE SRI. S.N. MURTHY (SAGRE NARASIMHA MURTHY), AGED ABOUT 59 YEARS, R/O. VAATAAPI, NO. 150^TH MAIN BANASHANKARI 3RD STAGE, 4TH BLOCK 2^ND PHASE, BANGALORE - 560 085.

¶150

…PETITIONER

¶151

(BY SRI. RAVI S K., ADVOCATE)

¶152

AND:

¶153

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶154

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶155

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶156

14 -

¶157

HC-KAR

¶158

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶159

HILLSBOROUGH PROPERTIES LLP, REP. BY ITS BOARD OR DIRECTOR 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶160

KARNATAKA, INDIA - 560066.

¶161

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶162

…RESPONDENTS

¶163

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 & R5 ARE SERVED)

¶164

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 22.10.2018 AT ANNEXURE-B.

¶165

15 -

¶166

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶167

IN CMP No. 304/2024 BETWEEN:

¶168

MR PHALGUN MADDALI, S/O. SRI MADDALI VENKATA SATYA APPA RAO, AGED ABOUT 40 YEARS, RESIDING AT # 503, 1 MAIN ROAD, VYSYA BANK COLONY, SHANTINIKETAN LAYOUT, AREKERE, BANGALORE -560076. (BY SRI. RAVI S K., ADVOCATE)

¶169

…PETITIONER

¶170

AND:

¶171

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶172

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶173

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶174

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶175

16 -

¶176

HC-KAR

¶177

IMPERIAL DWELLINGS PRIVATE LIMITED

¶178

REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶179

…RESPONDENTS

¶180

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R4)

¶181

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 21.06.2017 AT ANNEXURE-A.

¶182

IN CMP No. 312/2024

¶183

BETWEEN:

¶184

MR. JAMES CHACKO S/O LATE MR.N.A.CHACKO AGED ABOUT 40 YEARS. RESIDING AT VACANZA @EAST, 46 LENGKONG TUJOH, #04-24 BLOCK 46, SINGAPORE 417396 REP. BY HIS SPA HOKLER MR. AGNEW CHACKE S/O LATE MR.N.A.CHACKO AGED ABOUT 55 YEARS, R/O. NO.3, NEW NO. 40, GANGANMA TEMPLE ROAD, BEHIND ST. MARY'S CHURCH,

¶185

17 -

¶186

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶187

GANGANMA CIRCLE, JALAHALLI BENGALURU 560013.

¶188

…PETITIONER

¶189

(BY SRI. RAVI S K., ADVOCATE)

¶190

AND:

¶191

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶192

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶193

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶194

SPRINGDEW PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶195

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS,

¶196

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶197

18 -

¶198

HC-KAR

¶199

HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶200

…RESPONDENTS

¶201

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, & DEEPIKA M.S. ADVOCATES FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶202

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 11.09.2017 AT ANNEXURE-B.

¶203

IN CMP No. 317/2024

¶204

BETWEEN:

¶205

SRI. ANAND IYER, S/O MAHADEVA HALASYAM IYER, AGED ABOUT 42 YEARS, RESIDING AT # 477, GF-04, AJANTHA WONDER, 9^TH MAIN, 5^TH STAGE, BEML LAYOUT, RAJARAJESWARI NAGAR, BANGALORE-560098. (BY SRI. RAVI S K., ADVOCATE)

¶206

....PETITIONER

¶207

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶208

19 -

¶209

HC-KAR

¶210

AND:

¶211

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶212

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶213

MAYO PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT 7^TH & 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI, VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066

¶214

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶215

…RESPONDENTS

¶216

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R4)

¶217

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶218

20 -

¶219

HC-KAR

¶220

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 01.18.2019 AT ANNEXURE-A.

¶221

IN CMP No. 322/2024

¶222

BETWEEN:

¶223

SMT. INDIRA MURTHY, W/O.SRI KRISHNA MURTHY, AGED ABOUT 68 YEARS RESIDING AT # 1334/1, 24^TH A MAIN, 9^TH BLOCK, JAYANAGAR, BENGALURU - 560 069. REP. BY HER SPA HOLDER MR. PRADEEP CL, S/O. LATE SRI. LOKESH CN. AGED ABOUT 42 YEARS, R/O. NO.1031, 27^TH MAIN, 9^TH BLOCK, JAYANAGAR BANGALORE - 560 069. (BY SRI. RAVI S K., ADVOCATE)

¶224

…PETITIONER

¶225

AND:

¶226

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶227

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS,

¶228

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶229

21 -

¶230

HC-KAR

¶231

HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶232

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶233

FREMONT PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶234

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶235

…RESPONDENTS

¶236

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. GIRI K, ADVOCATE FOR R1 & R2 (VK NOT FILED IN R/O R1) SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED

¶237

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶238

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION

¶239

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶240

22 -

¶241

HC-KAR

¶242

AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 13.04.2019 AT ANNEXURE-B.

¶243

IN CMP No. 326/2024

¶244

BETWEEN:

¶245

MR. AVNEESH ASHOK KUMAR ABROL, S/O. SRI ASHOK KUMAR PRANNATH ABROL, AGED ABOUT 35 YEARS, RESIDING AT # ROW HOUSE NO 1, CLUSTER 12, KUMAR CITY SOCIETY, NEAR D MART, KALYANI NAGAR, VADGAONSHERI, PUNE MAHARASHTRA-411014 REP. BY HIS SPA HOLDER MR.RATHEESH RAVEENDRAN S/O. SRI. K.RAVEENDRAN, AGED ABOUT 49 YEARS, R/O. D1-1003, GOLDEN PALMS APT, GOLDEN PALMS ROAD, K NARAYANAPURA, BANGALORE - 560077 (BY SRI. RAVI S K., ADVOCATE)

¶246

…PETITIONER

¶247

AND:

¶248

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶249

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶250

23 -

¶251

HC-KAR

¶252

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶253

n

¶254

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶255

RODEODRIVE PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶256

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶257

…RESPONDENTS

¶258

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 V/O DATED 24.10.2025 SERVICE OF NOTICE TO R4 IS H/S SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶259

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION

¶260

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶261

24 -

¶262

HC-KAR

¶263

AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 07.06.2018 AT ANNEXURE-B.

¶264

IN CMP No. 330/2024

¶265

BETWEEN:

¶266

SMT. SEEMA SHARMA, WO SHRI VILAS SHARMA AGED ABOUT 67 YEARS RESIDING AT MAHIMA CHOWK, JORAPARA, SARKANDS BIALLSPUR, CHHUTISHGARH-495001. REP. BY HER SPA HOLDER MR. PHALGUN MADIDAILI. S/O. VENKATA SATYA APPA RAO, AGED ABOUT 41 YEARS, R/O. #503, 1™ MAIN ROAD, VYSYA BANK COLONY. SHANTINIKETAN LAYOUT, AREKERE, BANGALORE-560 076.

¶267

…PETITIONER

¶268

(BY SRI. RAVI S K., ADVOCATE)

¶269

AND:

¶270

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶271

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶272

25 -

¶273

HC-KAR

¶274

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶275

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶276

WATERBURY PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶277

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶278

…RESPONDENTS

¶279

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1 SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶280

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION

¶281

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶282

26 -

¶283

HC-KAR

¶284

AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 02.02.2019 AT ANNEXURE-B.

¶285

IN CMP No. 331/2024

¶286

BETWEEN:

¶287

SRI. HS DINESH. S/O. SRI. HC SUNDARAMURTHY AGED ABOUT 65 YEARS, RESIDING AT 610, 10^TH MAIN COFFEE BOARD LAYOUT, HEBBAL BANGALORE-24,

¶288

PETITIONER

¶289

(BY SRI. RAVI S K., ADVOCATE)

¶290

AND:

¶291

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶292

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶293

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK,

¶294

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶295

27 -

¶296

HC-KAR

¶297

8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶298

RODEODRIVE PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶299

KARNATAKA, INDIA - 560066.

¶300

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶301

…RESPONDENTS

¶302

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE FOR R1

¶303

SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶304

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 26.02.2019 AT ANNEXURE-A.

¶305

28 -

¶306

HC-KAR

¶307

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶308

IN CMP No. 332/2024

¶309

BETWEEN:

¶310

SMT. MANGALA PATIL, D/O SRI. BAPUGOUDA, AGED ABOUT 39 YEARS, RESIDING AT # NEAR MILAN BAR, AZAD ROAD, BIJAPUR. KARNATAKA-586 101 REP. BY HER SPA HOLDER MR. PRADEEP CL, S/O. LATE SRI. LOKESH CN. AGED ABOUT 42 YEARS. RO. NO.1031. 27^TH MAIN, 9^TH BLOCK. JAYANAGAR BANGALORE - 560 069. (BY SRI. RAVI S K., ADVOCATE)

¶311

...PETITIONER

¶312

AND:

¶313

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶314

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶315

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK

¶316

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶317

29 -

¶318

HC-KAR

¶319

RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶320

ANTIOCH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶321

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶322

…RESPONDENTS

¶323

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶324

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 24.11.2018 AND 26.11.2018 AT ANNEXURE-B.

¶325

30 -

¶326

HC-KAR

¶327

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶328

IN CMP No. 333/2024

¶329

BETWEEN:

¶330

EACCOUNTANTS SERVICES (INDIA) PRIVATE LIMITED REPRESENTED BY ITS BOARD OF DIRECTORS, KRISHNA, PLOT 203, SECTOR 8, VASHI, NAVI MUMBAI-400 703. REP. BY HER SPA HOLDER MR. SATYANARAYANA VENKATA NUNNA, S/O. NUNNA NAGESHWARA RAO. AGED ABOUT 53 YEARS, R/O. FLAT NO 105, MY NEST KEERTHI REVERIA APARTMENT, 6^TH MAIN, 6 'G' CROSS, KAGGADASPURA, BANGALORE-560069.

¶331

....PETITIONER

¶332

(BY SRI. RAVI S K., ADVOCATE)

¶333

AND:

¶334

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶335

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶336

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK

¶337

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶338

31 -

¶339

HC-KAR

¶340

RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶341

SPRINGDEW PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶342

KARNATAKA, INDIA - 560066.

¶343

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶344

…RESPONDENTS

¶345

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 & R5 ARE SERVED)

¶346

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 25.06.2017 AND 26.06.2017 AT ANNEXURE-B.

¶347

IN CMP No. 353/2024

BETWEEN:

SMT. KATTA LAKSHMI,

HC-KAR

32 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶352

W/O MR. KATTA SESHAIAH, AGED ABOUT 55 YEARS R/O AT # 127, USHODAYA ENCLAVE, INDRA REDDY ALWYN COLONY, MADEENAGUDA HYDERABAD-500049. REP. BY HIS SPA HOLDER MR. RATHEESH RAVEENDRAN S/O.SRI. K. RAVEENDRAN AGED ABOUT 49 YEARS R/O.NO.D1-1003, GOLDEN PALMS APT, GOLDEN PALMS ROAD K NARAYANAPURA, BANGALORE - 560077 (BY SRI. RAVI S K., ADVOCATE)

¶353

...PETITIONER

¶354

AND:

¶355

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶356

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶357

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD,

¶358

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶359

33 -

HC-KAR

WHITEFIELD,

BENGALURU - 560066.

FREMONT PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE, KARNATAKA, INDIA - 560066.

¶364

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶365

…RESPONDENTS

¶366

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶367

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 03.07.2017 AT ANNEXURE-B.

¶368

IN CMP No. 375/2024 BETWEEN:

¶369

SRI. KAUSHIK SHANBOUG VIDURA PRASAD, S/O. SRI. SHANBOUG VIDURA PRASAD,

¶370

34 -

¶371

HC-KAR

¶372

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶373

AGED ABOUT 35 YEARS, RESIDING AT 44516 FENWICK DR, CANTON, MI, 48188. REPRESENTED BY ITS POA HOLDER, SRI. VENKATA SATHYANARAYANA NUNNA, S/O. NAGESWARA RAO, AGED ABOUT 53 YEARS, R/O. #B 105 KEERTHI RIVIERA APARTMENTS, 6^TH G CROSS, NEAR AISHWARIYA LAKEVIEW APARTMENTS, KAGGADASAPURA, BENGALURU - 560 093. (BY SRI. RAVI S K., ADVOCATE)

¶374

...PETITIONER

¶375

AND:

¶376

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶377

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶378

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶379

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¶380

35 -

¶381

HC-KAR

¶382

ANTIOCH PROPERTIES LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR, WHITEFIELD ROAD, BANGALORE,

¶383

KARNATAKA, INDIA - 560066.

¶384

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶385

…RESPONDENTS

¶386

(BY SRI. NAGARALE SANTOSH SUBHASHCHANDRA, & SRI. GIRI K., ADVOCATES FOR R1 (JOINT VK FILED) SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED

¶387

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶388

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 27.01.2019 & 28.01.2019 ANNEXURE-B.

¶389

IN CMP No. 413/2024

¶390

BETWEEN:

¶391

SRI. ABHINEET SHRIVASTAVA, S/O SHRIMOHAN SHRIVASTAVA, AGED ABOUT 41 YEARS

¶392

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¶393

36 -

¶394

HC-KAR

¶395

RESIDING AT FLAT NO.2F(3/4 BHK APARTMENTS), SHALIMAR BAGH SOCIETY: PUNDAG, RANCHI, JHARKHAND. REP. BY HIS SPA HOLDER MR. RATHEESH RAVEENDRAN S/O.SRI. K.RAVEENDRAN AGED ABOUT 49 YEARS, R/O.NO.D1-1003, GOLDEN PALMS APT, GOLDEN PALMS ROAD, K NARAYANAPURA, BANGALORE - 560077 (BY SRI. RAVI S K., ADVOCATE)

¶396

...PETITIONER

¶397

AND:

¶398

SMARTOWNER SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, OLD AIRPORT ROAD, WHITEFIELD, BENGALURU - 560 066.

¶399

SMART ASSETS SERVICES INDIA PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT 151, 9^TH MAIN, 6^TH SECTOR, HSR LAYOUT, BENGALURU - 560102.

¶400

STONEHILL PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS, HAVING ITS REG. OFFICE AT SIGMA TECH PARK, 8^TH FLOOR, DELTA BLOCK RAMAGONDANAHALLI, VARTHUR MAIN ROAD, WHITEFIELD, BENGALURU - 560066.

¶401

SPRINGEDEW PROPERTIES INDIA LLP, REP. BY ITS DESIGNATED PARTNERS 8^TH FLOOR, DELTA BLOCK SIGMA TECH PARK, NEAR RAMAGONDANAHALLI VARTHUR,

¶402

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶403

37 -

¶404

HC-KAR

¶405

WHITEFIELD ROAD, BANGALORE,

¶406

KARNATAKA, INDIA - 560066.

¶407

IMPERIAL DWELLINGS PRIVATE LIMITED REP. BY ITS BOARD OF DIRECTORS, HAVING ITS REG. OFFICE AT LEVEL 3 AND 4, EMBASSY DIAMANTE, 34 VITTAL MALLYA ROAD, BENGALURU - 560001.

¶408

…RESPONDENTS

¶409

(BY SRI. SANTOSH S NAGARALE, & SRI. GIRI K., ADVOCATE FOR R1 (JOINT VK FILED)

¶410

SRI. GIRI K, ADVOCATE FOR R2 SRI. CHANDRACHOODA R N., ADVOCATE FOR R3 R4 SERVED

¶411

SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R5)

¶412

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO ALLOW THE PRESENT CIVIL MISCELLANEOUS PETITION AND APPOINT A SOLE ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 IN TERMS OF ARTICLE 11 OF THE MASTER SERVICE AGREEMENT DATED 10.11.2017 & 11.11.2017 ANNEXURE-B.

¶413

IN CMP No. 375/2025

¶414

BETWEEN:

¶415

MR. V RANGANATHAM AGED ABOUT 66 YEARS S/O MR. S VIJAYARAGHAVACHARI

¶416

38 -

¶417

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶418

R/AT 3B, GRN KODIAYALAM, No.16 5^TH STREET THIRUMURTHY NAGAR NUNGAMBAKKAM CHENNAI – 600034

¶419

...PETITIONER

¶420

(BY SRI. NIDHISHREE B.V., ADVOCATE)

¶421

AND:

¶422

M/S SMARTOWNER SERVICES INDIA PRIVATE LIMITED REGISTERED UNDER COMPANIES ACT, 2013 HAVING ITS REG. OFFICE AT 8^TH FLOOR, DELTA BLOCK, SIGMA TECH PARK, VARTHUR MAIN ROAD WHITEFIELD, BENGALURU - 560 066. REPRESENTED BY ITS DIRECTOR.

¶423

…RESPONDENT

¶424

(BY SRI. SANTOSH S NAGARALE, ADVOCATE) (VK NOT FILED)

¶425

THIS CIVIL MISC. PETITION IS FILED UNDER SEC.11(6) FOR APPOINTMENT OF ARBITRATOR UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO APPOINT THE ARBITRAROR SUGGESTED AT PARAGRAPH 20 ABOVE, OR ANY OTHER ARBITRATOR AS THIS HON’BLE COURT DEEMS PROPER, AS THE SOLE ARBITRATOR UNDER CLAUSE 9 OF THE MASTER SERVICE AGREEMENT (ANNEXURE-A-3) EXECUTED ON 27.07.2022 AND 02.08.2022 BETWEEN THE PARTIES REFERRED TO SUPRA, FOR ADJUDICATION OF DISPUTES THAT HAVE ARISEN BETWEEN THE PETITIONER AND THE RESPONDENT TO BE CONDUCTED AT THE ARBITRATION CENTER OF KARNATAKA AT BENGALURU IN ACCORDANCE WITH THE ARBITRATION CENTRE.

¶426

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

¶427

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶428

39 -

¶429

HC-KAR

¶430

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

¶431

ORAL ORDER

¶432

These Civil Miscellaneous petitions No.202, 204, 205, 208, 209, 271, 300, 304, 312, 317, 322, 326, 330, 331, 332, 333, 353, 375, 413, of 2024 are filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator to resolve the arbitral dispute between the parties to the petition in terms of Article 11 of the Master Service Agreement dated 12.11.2018, 23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019), 10.11.2017 and 11.11.2017 respectively, as per the

¶433

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶434

40 -

¶435

HC-KAR

¶436

provisions of the Arbitration and Conciliation Act,

¶437

1996 and the Rules.

¶438

Brief facts, leading rise to the filing of these petitions are as follows:

¶439

The Master Service Agreement was executed between the petitioners and respondent No.1 on 12.11.2018, 23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019), 10.11.2017 and 11.11.2017 respectively. Respondent No.1 executed a first supplementary to Limited Liability Partnership Agreement along with respondent Nos.2, 3 and the petitioners on 28.12.2018, 30.03.2019, 27.06.2019, 28.09.2018, 27.02.2020, 27.06.2019, 30.03.2019, 27.06.2019, 28.09.2018, 28.09.2018. Respondent No.4 is the

¶440

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶441

41 -

¶442

HC-KAR

¶443

Limited Liability Partnership whose operations are governed by the respondent No.3. In CMP 304/2024respondent No.3 is the Limited Liability Partnership whose operations are governed by the respondent No.4 and respondent No.4 is the private limited company. Respondent No.5 is the private limited company, who is developing the project, in which the investment is made by the petitioners. The respondent Nos.2 to 5 are all the SPV (Special Purpose Vehicles) and allied companies of respondent No.1. The last payment of fixed quarterly payment was made by the respondent companies on 10.04.2022, 08.04.2022. The tenure of first supplementary to limited liability partnership agreement dated 28.12.2023, 30.03.2024, 28.12.2018, 29.12.2023, 27.09.2023, 26.09.2023, 30.03.2019, 24.02.2024, 27.09.2023 was concluded and the respondents were liable to make the terminal payout.

¶444

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶445

42 -

¶446

HC-KAR

¶447

There is an arbitration clause in the Liability Limited

¶448

Partnership Agreement for resolving the arbitral dispute arise out of the terms and conditions. The arbitral dispute arose between the petitioners and respondents. The petitioners invoked an arbitration clause by issuing arbitration notice dated 25.01.2024, 15.02.2024, 29.01.2024, 30.01.2024, 06.02.2024, 17.02.2024, 24.02.2024, 12.02.2024, 30.01.2024, 16.02.2024, 29.01.2024, 07.08.2024 and 02.04.2024 under Section 21 of the Arbitration and Conciliation Act, 1996. Respondent No.1 replied to the arbitration notice. In CMP Nos.304, 322, 326, 330, 332, 333, 353, 375, 413/2024, the respondents have not replied to the arbitration notice. Hence, these petitions and accordingly, prays to allow the petitions.

¶449

Respondent No.1 filed a statement of objections raising several grounds on the merits. It is contended that there is an arbitral dispute arose between the

¶450

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¶451

HC-KAR

¶452

petitioners and the respondents. Hence, the question of nominating arbitrator does not arise. Accordingly, prays to dismiss the petitions.

¶453

In CMP 202/2024, Respondent No.2 filed a separate statement of objections denying the averments made in the petition. It is contended that respondent No.2 is not a party to Master Service Agreement. Hence, question of invoking the arbitration clause in the Master Service Agreement do not arise and impleading respondent No.2 in this petition has been fraudulent and misrepresented the terms of the supplementary LLP agreement, and nature of the transaction between respondent No.2 and the petitioner. Hence, prays to dismiss the petition against respondent No.2.

¶454

Respondent No.3 filed a statement of objections reiterating the statement of objections filed by respondent No.2. Hence, prays to dismiss the petitions against respondent No. 3.

¶455

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶456

44 -

¶457

HC-KAR

¶458

In CMP Nos.204/2024, 205/2024, 304/2024

¶459

respondent No.3 filed a statement of objections contending that respondent No.3 is a separate and independent partnership firm, which is neither a party nor a signatory to the Master Services Agreement nor the First Supplementary LLP Agreement. The petitioner has wrongly impleaded respondent No.3 on account of typographical error contained in the First Supplementary LLP Agreement. Hence, on this ground, prays to dismiss the petitions against respondent No.3.

¶460

Heard the arguments of the learned counsel for the parties to the petitions.

¶461

Learned counsel for the petitioners submits that arbitral dispute arose between the parties to the petitions and the same shall be resolved through the arbitration. He submits that insofar as respondent Nos.2 to 5 are concerned, they can raise all the contentions before the arbitral Tribunal. He submits

¶462

45 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶463

that in an identical matters the Co-ordinate Bench in CMP No.382 of 2021 and connected matters vide order dated 22.02.2022 nominated Sri Vishwanath V Angadi, retired District Judge to act as a sole arbitrator. He submits the petition may be disposed of in terms of aforesaid Civil Miscellaneous Petition. Hence, prays to allow the petition.

¶464

Learned counsel for respondent No.1 submits that the application filed by the petitioner for the appointment of an arbitrator is barred by limitation. He submits that respondent Nos.2 to 5 are not parties to the LLP. Hence, the petition against respondent Nos.2 to 5 is not maintainable. Hence, on these grounds, he prays to dismiss the petition.

¶465

Learned counsel for respondent Nos.2 to 5 submits that they are not the parties to the agreement executed between the petitioner and respondent No.1. Hence, the petition filed against respondent Nos.2 to 5 is not maintainable and accordingly, on

¶466

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶467

46 -

¶468

HC-KAR

¶469

this ground, prays to dismiss the petition against

¶470

respondent Nos.2 to 5.

¶471

Perused the records, and considered the submissions

¶472

of the learned counsel for the parties.

¶473

The point, that would arise for consideration is as follows:

¶474

“Whether the petitioners have made a ground to refer the dispute to the arbitration in terms of Article 11 of the Master's Service Agreement dated 12.11.2018, 23.03.2018,

¶475

05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019), 10.11.2017 and 11.11.2017 respectively as per the provisions of the Arbitration and Conciliation Act, 1996 and the rules?”

¶476

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶477

47 -

¶478

HC-KAR

¶479

It is an undisputed fact that the petitioners and respondent No.1 entered into Master Service Agreement on 12.11.2018, 23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019), 10.11.2017 and 11.11.2017

¶480

respectively and subsequently executed a first supplementary to the Limited Liability Partnership Agreement along with respondent Nos.2, 3 and the

¶481

petitioners on 28.12.2018, 30.03.2019, 27.06.2019, 28.09.2018, 27.02.2020, 27.06.2019, 30.03.2019, 27.06.2019, 28.09.2018, 28.09.2018. Respondent No. 4 is the Limited Liability Partnership, whose operations are governed by respondent No.3. Respondent No.5 is a private limited company. The last payment of fixed quarterly payout was made out

¶482

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¶483

by the respondent company on 10.04.2022, 08.04.2022 and the tenure of the first supplementary to the Limited Liability Partnership Agreement was concluded and the respondents are liable to make terminal payout.

¶484

From the perusal of the Master Service Agreement

¶485

dated 12.11.2018, 23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019), 10.11.2017 and 11.11.2017 respectively there is clause 11 provides the

¶486

arbitration clause which reads as follows:

¶487

11- “Government law jurisdiction and exspute resolution”

¶488

All the questions concerning the construction, validity and interpretation of

¶489

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶490

49 -

¶491

HC-KAR

¶492

this agreement will be governed by the laws of India, and subject to this clause, the courts at Bangalore shall have exclusive jurisdiction. The parties shall amicably resolve any and all disputes arising out of or in connection with this agreement, failing which, the dispute shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration proceedings. The venue for arbitration shall be Bangalore and the language for arbitration shall be English.

¶493

The petitioners invoked an arbitration clause under Article 11 of the Master Service Agreement by issuing notices under Section 21 of the Arbitration and Conciliation Act, 1996, proposing the name of an arbitrator.

¶494

None of the respondents have concurred in appointing the arbitrator.

¶495

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶496

50 -

¶497

HC-KAR

¶498

Admittedly, there is an arbitration clause in the

¶499

Master Service Agreement dated 12.11.2018,

¶500

23.03.2018, 05.11.2018, 21.06.2017, 01.08.2019, 26.02.2019, 11.03.2019, 19.05.2019, 23.05.2018, 22.10.2018, 11.09.2017, 01.08.2019, 13.04.2019, 07.06.2018, 02.02.2019, (24.11.2018 and 26.11.2018) (25.06.2017 and 26.06.2017), 03.07.2017, (27.01.2019 and 28.01.2019),

¶501

10.11.2017 and 11.11.2017 respectively, and the dispute arose between the parties to the petitions. The said dispute has to be resolved through an arbitration.

¶502

Learned counsel for respondent No.1 submits that the petition filed by the petitioners under Section 11(6) is barred by limitation. As far as claim of the petitioner is concerned, as to whether the claim was dead or time-barred claim is to be decided by the arbitrator. The scope of judicial intervention under Section 11 of the Act is restricted to the situation

¶503

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¶504

that the judicial authorities to find out that arbitration agreement does exists or is null and void. The scope of examination is now confined only to the existence of the arbitration agreement.

¶505

The learned counsel for respondent Nos.2 to 5 submits that they are not the parties to the Master Service Agreement. Hence application filed under Section 11 is not maintainable. The Hon’ble Supreme Court had an occasion to consider the said issue in the case of Hindustan Petroleum Corporation Ltd. v. BCL Secure Premises Private Ltd¹ , wherein the Apex Court had to consider the issue of misjoinder of necessary parties.

¶506

The Hon'ble Apex Court in the case of Hindustan Petroleum Corporation Ltd. (supra) has held that the scope of jurisdiction of referral Court, hearing a Section 11 petition, when faced with an issue of a joinder of a non-signatory to the arbitration

¶507

1 2025 SCC Online SC 2746

¶508

52 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶509

HC-KAR

¶510

agreement, has been lucidly set out by the five Benches of the Hon'ble Apex Court in Cox and Kings Ltd. v. SAP India. Pvt. Ltd. and another² , wherein the Hon'ble Supreme Court held that if the referral court prima facie arrives at the satisfaction that a non-signatory is veritable party, then only the arbitral tribunal is not denuded of its jurisdiction to decide whether non-signatory is indeed a party to the arbitration agreement on the basis of factual evidence and application of legal doctrine.

¶511

The Referral Court has a limited scope to enquire for the purpose of examining whether Section 11(6) of the Act, 1996, whether the application has been filed within the limitation of 3 years or not. At this stage, it would not be proper for the referral Court to indulge in intricate evidentiary inquiry into the question of whether the claim raised by the petitioner

¶512

2 (2024) 4 SCC 1

¶513

53 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶514

is time-barred. Such determination must be left to the decision of the Arbitral Tribunal.

¶515

Considering the proposition of law laid down by the Hon'ble Apex Court in the cases referred supra, the petitioner has made out a ground to refer the arbitral dispute to the arbitration. Similarly placed petitioners approached this Court in Civil Miscellaneous Petition No. 382 of 2021 and connected petitions and the said petitions came to be disposed of vide order dated 22.02.2022 and this Court appointed Sri Vishwanath

¶516

V Angadi retired District Judge to act as a sole arbitrator. Accordingly, I answer the point in the

¶517

affirmative .

¶518

CMP No.375/2025:

¶519

In CMP No.375 of 2025, the petitioner filed the Civil Miscellaneous petition under Section 11(6) of the Arbitration and Conciliation Act, 1986 for the appointment of an arbitrator to resolve the dispute

¶520

54 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶521

between the parties to the petition in terms of clause

¶522

9 of the Master Service Agreement executed on 27.07.2022 and 02.08.2022 vide Annexure-A3, as

¶523

per the provisions of Arbitration and Conciliation Act and the Rules.

¶524

Brief facts, leading rise to the filing of this petition are as follows:

¶525

The petitioner purchased 300 square feet unit, paying ₹40,33,000/- (100% down payment at ₹13,440/- per square feet) in the project ‘One Hebbal’ and the respondent assured the petitioner that the construction would be completed within a period of 24 months from the time of investment in the said project. The petitioner signs the one Hebbal application form, a Master Service Agreement and a General Power Of Attorney in favour of a third party, M/s. Smart Assets Services India Private Limited came to be entered into on 27.07.2022 and 02.08.2022. The representative of the respondent

¶526

55 - NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 HC-KAR AND 17 OTHERS

¶527

informed the petitioner about the launch of a new commercial project, “The Summit”, in Whitefield, Bengaluru, which was scheduled to begin construction much sooner. Based on this, the petitioner urged transfer his investment from one Hebbal to the alternative project ‘The Summit’. The petitioner was not inclined to accept the option i.e., switch from ‘One Hebbal’ to ‘The Summit’. The petitioner preferred to seek and early exit from the project ‘One Hebbal’.

¶528

The petitioner issued a legal notice on 23.07.2024 requesting them to hand over all the documents in their custody and full refund of ₹ 40,33,000/-. towards the purchase of 300 square feet in ‘One Hebbal’. A Notice also requested interest at 24% perm annum. Further, the petitioner invoked an arbitration clause and proposed the name of Smt. Rahat Afshan H.N., retired Senior Civil Judge as a

¶529

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¶530

56 -

¶531

sole arbitrator. The respondent has not replied to the

¶532

same. Hence, this petition.

¶533

Learned counsel for the respondent submits no objection to allow the petition.

¶534

Perused the records, and considered the submissions of the learned counsel for the parties.

¶535

The point, that would arise for consideration is as follows:

¶536

“Whether the petitioner has made a ground to refer the dispute to the arbitration in terms of Article 9 of the Master's Service Agreement dated 27.07.2022 and 02.08.2022 as per the provisions of the Arbitration and Conciliation Act, 1996 and the rules?”

¶537

The petitioner and respondent entered into a Master

¶538

Service Agreement and GPA on 27.07.2022 and 2.08.2022. The respondent did not refund the amount since the petitioner wanted to switch the

¶539

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶540

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¶541

HC-KAR

¶542

project. The petitioner issued a legal notice calling upon the respondent to hand over all the documents in their custody and full refund of ₹40,33,000/-. Though notice was served on the respondent, but the respondent did not reply to the demand notice. There is an arbitration clause in the Master Service

¶543

Agreement at clause 9 which reads as follows:

¶544

9- “Governing Law, Jurisdiction and Dispute Resolution”

¶545

All questions concerning the construction, validity and interpretation of this agreement will be governed by the laws of India, and subject to this clause, the courts at Bangalore shall have exclusive jurisdiction. The parties shall amicably resolve any and all disputes arising out of or in connection with this agreement, failing which, the dispute shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The parties shall mutually appoint a sole arbitrator to conduct the arbitration

¶546

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶547

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¶548

HC-KAR

¶549

proceedings. The venue for arbitration shall be Bangalore, and the language for arbitration shall be English.

¶550

From the perusal of the arbitration clause, it is clear that, if any dispute arises between the parties to the petition, the said dispute shall be resolved through an arbitration. The petitioner has invoked the arbitration clause by issuing an arbitration notice dated 27.03.2025 under Section 21 of the Arbitration and Conciliation Act, 1996.

¶551

Learned counsel for the respondent submits no objection to appoint the sole Arbitrator.

¶552

In view of the submissions made by the learned counsel for the respondent and for the foregoing discussion, the petitioner has made out a ground to refer the dispute to the arbitration. Accordingly, I answer the point in the ‘ affirmative’ .

¶553

In the result, I proceed to pass the following order.

¶554

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¶555

NC: 2026:KHC:9426 CMP No. 202 of 2024 C/W CMP No. 204 of 2024 CMP No. 205 of 2024 AND 17 OTHERS

¶556

HC-KAR

¶557

ORDER

¶558

(i) These Civil Miscellaneous Petitions are allowed .

¶559

(ii) Sri.Vishwanath V Angadi, retired District Judge is nominated as Arbitrator to resolve the disputes between the parties to the petitions, in terms of arbitration clause contained in the Master Service Agreement as per the provisions of the Arbitration and Conciliation Act, 1996 and the Rules.

¶560

(iii) All the contentions of the parties, including the maintainability of the petitions against the respondents, who are not signatories to the agreements, are kept open.

¶561